RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused/convict (hereinafter referred to as "the accused") laying challenge to the judgment, dated 02.01.2006, passed by the learned Additional Sessions Judge(I), Mandi, District Mandi, H.P. (Camp at Sarkaghat), in Trial No. 20 of 2014, whereby he was convicted for the commission of offence under Section 302 Indian Penal Code, 1860 (hereinafter referred to as "IPC") and was sentenced to undergo rigorous imprisonment for life and also to pay fine of '20,000. In case of default in payment of fine, the accused was further ordered to undergo simple imprisonment for one year.

(2.) The factual matrix, as per the prosecution story, giving rise to the present appeal are that deceased/victim, Sumna Devi (hereinafter referred to as "the deceased") was married to the accused and out of said wedlock two children were born. The accused had suspicion upon the fidelity of the deceased. On 27.10.2013, Police Post Dharampur got information through Smt. Tambo Devi (PW-1), Pardhan, Gram Panchayat Binga, that the deceased had been murdered at village Dabrot. This information formed the basis for rapat No. 5, Ex. PW-19/A, which was recorded in Police Post, Dharampur. ASI, Nasib Singh alongwith other police officials went to the place of occurrence. Statement, under Section 154 Cr.P.C., of Smt. Tambo Devi (PW-1) was recorded, wherein she stated that on 27.10.2013, during day time, when she had gone to bring grass, around 4:30 p.m. she received a telephonic call from Anil Kumar, Ward Panch. The Ward Panch informed her that the mother of the accused, Smt. Gambhari Devi, divulged to him that her daughter-in-law had been killed by someone inside the house. Subsequently, she telephonically informed PW-2, Ravi Kumar, Vice President qua the incident and reached the spot around 4:45 p.m. She discovered the dead body of the deceased, with several injuries, lying in the room. Blood stained clothes, stones were also there on the bed. Minor daughter of the deceased, on being questioned by PW-1, divulged that the accused quarreled with her mother and killed her. Statement of PW-1, Ex. PW-1/A, formed the basis for rukka, which was sent by ASI Nasib Singh, through constable Baldev Singh (PW-9), to Police Station, Sarkaghat. SI Prashotam Dhiman made his endorsement over rukka and FIR, Ex. PW-9/A, was registered. As per the prosecution story, prior to rushing to the spot of occurrence, ASI Nasib Singh informed about the occurrence to the Superintendent of Police, Mandi, Deputy Superintendent of Police, Sarkaghat and Station House Officer, Police Station, Sarkaghat. Shri Desh Raj, Photographer, was also associated by the police, who took photographs of the spot as well as the dead body, which are Ex. PW-14/A1 to Ex. PW14/A6. ASI Nasib Singh examined the dead body, which was lying on double folding-bed in the ground floor. Subsequently, SHO and Dy. SP, Sarkaghat, also came on the spot.

(3.) Asi Nasib Singh filled form 25-35A, Ex. PW-1/H.