STATE OF HIMACHAL PRADESH Vs. MOHAN SINGH

JUDGEMENT

(1.) Since common questions of law and facts are involved in these appeals, both these appeals were taken up together for disposal.

(2.) Cr. Appeal No. 4064 of 2013 has been instituted by the appellant-accused (hereinafter referred to as the accused), against the judgment dated 6.3.2013, rendered by the learned Addl. Sessions Judge, Fast Track Court, Kangra at Dharamshala, Distt. Kangra, H.P. in Sessions Case No. 1-B/VII/12, S.T. No. 32/12, whereby the accused, who was charged with and tried for offences punishable under Sec. 302 and 376 IPC, has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000.00 for the commission of offence punishable under Sec. 302 Penal Code and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for one year. The accused was also sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000.00 for commission of offence punishable under Sec. 376 Penal Code. In default of payment of fine, the accused was further ordered to undergo rigorous imprisonment for six months. Criminal Appeal No. 4046 of 2013 has been preferred by the State for enhancement of the sentence and it was prayed that the accused may be sentenced with death sentence.

(3.) The case of the prosecution, in a nut shell, is that on 23.8.2011, complainant Kayan Devi was present in her house at Village Ghorepeeth, near the house of the accused. At about 9:45 PM, she heard cries of the prosecutrix (since deceased). The complainant went to her lintel and saw that the door of the room of the prosecutrix was open and light of her courtyard was on. The complainant saw the accused dragging the prosecutrix towards his bedroom and thereafter the accused closed the door. The accused was under the influence of the liquor. The accused was also seen giving beatings to the prosecutrix. The complainant informed Nimma Devi. Thereafter, Nimma Devi, Meera Devi, Adi, Rekha Devi, Chunka, complainant and Kartar went to the house of the accused and asked the accused to open his room but he did not respond. Thereafter, Nimma Devi pushed the door and all these persons went inside the room. They found that the accused was not wearing any clothes and in their presence he put on his pants. The prosecutrix was lying on the bed/Takhatposh and she was only wearing shirt at that time. The salwar of the prosecutrix was lying by the side of the bed. The wounds were also noticed on the face and head of the prosecutrix wherefrom the blood was also oozing out. The accused was found carrying danda with him. Desh Raj, another son of the prosecutrix was informed, who came at the spot and took the prosecutrix to the hospital at Baijnath. The prosecutrix succumbed to her injuries. The statement of the complainant was recorded by the police under Sec. 154 Crimial P.C. on the basis of which, FIR was registered. The inquest papers were prepared. The post mortem examination was got conducted. The accused was also medically examined. The cause of the death was found to be asphyxia. The case property was sent to RFSL, Dharamshala. On completion of the investigation, challan was put up before the Court after completing all the codal formalities.