SAHANA Vs. STATE OF HIMCHAL PRADESH

JUDGEMENT

(1.) The present appeals arise from the judgment of conviction passed by the Court of learned Additional Sessions Judge -I, Solan, District Solan, H.P., in Sessions Trial No. 03 -NL/7 of 2013 dated 25.5.2015/order dated 27.5.2013, convicting and sentencing both the accused persons for rigorous imprisonment for life for the commission of offence under Section 302 read with Section 34 of Indian Penal Code alongwith fine of Rs.5000/ - (Five Thousand rupees only) each. Further, both the convicts have been sentenced to undergo rigorous imprisonment for a term of 5 years alongwith a fine of Rs.3000/ - (Three Thousand rupees only) each under Section 201 read with Section 34 of Indian Penal Code. In default in making payment of fine amount, they shall suffer simple imprisonment for a period of 6 and 3 months respectively under both counts. As both the appeals arise from the same judgment, they are taken up together.

(2.) Brief facts of the prosecution story are that challan was presented before the Court below under Sections 302, 201 read with Section 34 of the Indian Penal Code in case FIR No. 207/2012 dated 29.8.2012 of Police Station, Baddi, District Solan, H.P. The prosecution story is that Rukhast was son of Babu Khan (PW -5). He was married to accused Sahana. After marriage, Rukhsat lived with his father only for six months and thereafter, he alongwith his wife Sahana went to his in -laws house. In the year 2012, deceased Rukhsat accompanied by his wife and children shifted to Baddi in connection with some work and started living in slum situated near Baddi Barrier. Rukhsat was working with Brick kiln. Accused Dharamvir used to reside with Rukhsat and Sahana and used to come to in -laws house of Rukhsat. Rukhsat was nephew of Mustkeem. He had asked Rukshat about his relation with accused Dharamvir and he told that Dharamvir was his friend. Accused Sahana and Dharamvir were having illicit relation. As per prosecution story, in 'Id', Rukhsat the year 2012, before the occasion of to Mustkeem and told that he would made a call come to home on or around 'Id', but he did not come. After 20 days of 'Id', accused Sahana alongwith her children came to her parental house and Babu and Mustkeem went there and inquired whereabouts of her husband Rukhsat. She told that Rukhsat had eloped with some girl. She was again asked on the next day, but she expressed ignorance of the whereabouts of Rukhsat and stated that she came to her parents' house in unconscious state and she did not know who had brought her. On this, Babu Khan and Mustkeem suspected some foul play. Thereafter, Mustkeem and Babu Khan both went to Police Station, Pak -Bara to lodge missing report of Rukhsat. They were advised by the police personnel to go to Baddi and, thereafter, they came to Baddi and inquired about Rukhsat. They were told by the people that a dead body was recovered in the area and then they went to the Police Station.

(3.) On 29.8.2012, C. Mohan Lal (PW -12) was on duty at Baddi Barrier and he went to urinate adjacent to the rivulet and noticed something in the water with two hands protruding. He had seen dead body from above the bridge and informed the police, on which DDR No. 24, Ex.PY, was entered. SI Karamdeen (PW -19) went to rivulet namely Balad Khad with other police officials, where a dead body was found, which was tied in a cloth with one hand of dead body protruding out. Dead body was taken out with the help of police officials, Sandeep and Vijay Verma. Dead body was tied in a cloth and it was opened. Dead body was in decomposed state. Injuries were observed on the face of dead body. Mouth was found tied with a cloth. Both legs were found tied with a plastic rope. About 40 kg. cemented boulder was found inside the cloth with which the body was wrapped.