STATE OF HIMACHAL PRADESH Vs. RAYIA URAV @ AJAY

JUDGEMENT

(1.) The State of Himachal Pradesh is in appeal before this Court. The complaint is that learned Additional Sessions Judge, Fast Track Court, Kullu vide judgment dated 28.06.2012 passed in Session Trial No. 37 of 2011 has acquitted the respondent (hereinafter referred to as the 'accused') of the charge under Section 302 and 201 of the Indian Penal Code in utter disregard to the cogent and reliable evidence produced by the prosecution to bring guilt home to the accused. The impugned judgment has thus been sought to be quashed and set aside and the accused convicted of the charge framed against him.

(2.) The prosecution case, as disclosed from the record in a nut-shell is that Vineet Kumar is owner of the house situate at village Tegubehar under the jurisdiction of Police Station, Bhunter, District Kullu. The accused had taken second floor of the said house on rent from PW-1 and started living there with his family. On 16.06.2011, another tenant Sheela Devi informed the complainant that number of houseflies are seen in the room rented out to the accused and room is also emitting foul smell. On this information, PW-1 who is residing in his house situated nearby came to the room which was rented out to the accused. He found the room bolted from outside and lock hanging on the bolt. He called Karam Chand (PW-2), Pradhan of local Gram Panchayat to the spot. When they opened the door, noticed clothes and beddings scattered on the floor. When they removed the clothes and beddings, they found a dead body lying on the floor beneath a mattress. PW-1 identified the dead body to be that of the wife of accused. On the same day, PW-1 informed the police of Police Station, Bhunter. His statement under Section 154 of the Code of Criminal Procedure was recorded by PW-7 Sub Inspector Narian Singh. On the basis thereof, FIR Ext. PW-1/A was registered in police station. After registration of the case, PW-1 rushed to the spot along with other police staff in official vehicle. PW-7 also opened the room taken on rent by the accused in presence of PW-2 Karam Chand, Pradhan of Gram Panchayat. The room was emitting foul smell. PW-7 photographed the dead body vide photographs Ext. P-1 to Ext. P-13 with official camera. He inspected the dead body and noticed that muggates were found on the head and whole dead body. There was mark of deep injuries on the head and right arm of deceased. The dead body was identified by the complainant and the Pradhan to be that of Anita Devi, the wife of accused. PW-7 has prepared the inquest report Ext. PW-7/A. He has also prepared the spot map Ext. PW-7/B on 16.06.2011 itself. He moved application Ext.PW-3/B for getting the post-mortem of the dead body conducted. The dead body was sent to the hospital under the supervision of Lady Constable Chandra Devi and Constable Sandeep Kumar for postmortem. The post-mortem was conducted by PW-3 Dr. Rajesh Thakur on 17.06.2011. He issued the post-mortem report Ext. PW-3/A. In his opinion, the cause of death was head injury and probable period of death and postmortem was more than five days. In his opinion, the injury found on the skull of the deceased could have been caused with a 'Darat'.

(3.) On 17.06.2011, accused came to Tegubehar. One of the companions informed the Pradhan that accused has come back to Tegubehar. The Pradhan (PW-2), in turn has informed the police that accused had come back along with his son to Tegubehar. The accused was taken to Police Station by PW-7 and he was interrogated. While in custody, accused allegedly made a disclosure statement that after committing the murder of his wife, he had thrown the weapon of offence in river 'Beas'. The accused was arrested vide memo Ext. PW-7/A. The accused was taken to dead house in the hospital in the presence of PW-1, PW-2 and Chhering Dorje, Up-Pradhan of the Gram Panchayat. He had identified the dead-body to be that of his wife Anita Devi in the presence of doctor. He made another disclosure statement Ext. PW-1/B while in police custody in the presence of Cheering Dorje before the I.O. PW-7 that he had hidden the blood stained shirt, which he was wearing at the time of commission of offence and that it is only he, who alone can get the same recovered. The shirt Ext. P-2 was allegedly got recovered at the instance of accused and the same was taken into possession vide memo Ext. PW-1/C. The same was sealed in a parcel and taken into possession and sample seal Ext. PW-7/E was prepared separately. The spot map Ext. PW7/D of the place of recovery was also prepared.