ANIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since all the three appeals have been instituted against one and the same judgment, and common questions of law and facts are involved in all these appeals, same were taken up together and are being disposed of vide this common judgment.

(2.) The present appeals have been instituted against Judgment/Order of conviction dated 22.12.2014/24.12.2014 rendered by the learned Additional Sessions Judge, Ghumarwin camp at Bilaspur in Sessions Trial No. 14/7 of 2012, whereby appellants -accused (hereinafter referred to as 'accused' for convenience sake) alongwith Sunita Chandel, Bhaskar Chandel and Sanju, who were charged with and tried for offences under Sections 302 and 201 read with Section 34 IPC, have been convicted and sentenced to life imprisonment and to pay a fine of Rs.5,000/ - each, and in default of payment of fine, to further undergo simple imprisonment for two months, for commission of offence under Section 302 read with Section 34 IPC. They have also been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.2,000/ - each, and in default of payment of fine, to further undergo simple imprisonment for one month. Accused Sunita Chandel was sentenced to similar sentence. Accused Bhaskar Chandel was sentenced only under Section 201 read with Section 34 IPC to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.2,000/ -, in default of payment of fine, to further undergo simple imprisonment, for one month. Accused Sanju was declared proclaimed offender.

(3.) Case of the prosecution, in a nutshell, is that one Ram Saran (PW -2) was the owner of a building situate at Kallar on National Highway -21 who had rented out the hotel alongwith three rooms to accused Sunita Chandel, who was running a Dhaba by the name of Ashok Dhaba. In three rooms, she had her residence. Accused Naresh Kumar, Suresh Kumar, Anil Kumar and Sanju were working in the Ashok Dhaba as workers of accused Sunita Chandel. Accused Bhaskar Chandel, son of accused Sunita Chandel, was residing with her. Manjeet Singh, who was working as an agent in the Life Insurance Corporation, had come in contact with accused Sunita Chandel. He had been frequently visiting her Dhaba at Kallar. Naresh Kumar @ Ashok Kumar, Anil Kumar and Suresh, who were working in the Dhaba, did not like it. They made a plan to teach lesson to Manjeet. Sunita asked Manjeet to bring a gas cylinder to her Dhaba. Manjeet Singh borrowed a gas cylinder from Ateh Mohd on 18.2.2012. He reached the Dhaba at Kallar at around 6/6.30 PM in his vehicle. Manjeet went to the Dhaba and had gone downwards through the stairs to the bed room of Sunita Chandel. At that time, Sunita was alone in her bed room. Seeing Manjeet Singh going into the bed room of accused Sunita Chandel, accused namely Naresh @ Ashok Kumar, Suresh Kumar and Anil Kumar also went into the room and they all assaulted Manjeet Singh with fist and kick blows. Manjeet Singh at that time was drunk so he was unable to defend himself. Due to the beatings of accused, Manjeet Singh died on the spot itself. Beatings were witnessed by PW -38 Raj Kumar. However, he fled from the spot. Due to the beatings, Manjeet Singh had died on the spot and blood had been splashed all around the room. Blood stains were tried to be removed by accused Bhaskar, Sanju and Sunita Chandel from the walls. However blood stains remained on the idol of goddess Kali kept at one side of room. Dead body after being wrapped in a mat and the legs being tied with a bed -sheet, was kept out in the verandah. Blood stains in the verandah were cleaned by accused. Accused Ashok Kumar, who was a driver by profession, brought the vehicle of Manjeet Singh, in front of the Dhaba and the remaining accused alongwith Bhaskar and Sanju put the dead body of Manjeet Singh in the vehicle. As per the directions of accused Sunita Chandel, dead body was taken by accused Ashok Kumar and Anil Kumar in the vehicle of deceased towards Dehar. A bag containing blood stained clothes and a shoe was also kept in the vehicle. The vehicle was taken to the cliff near river Sutlej. From there the vehicle was thrown by accused Anil Kumar into river Sutlej while accused Ashok Kumar had thrown the mobile phone of deceased Manjeet Singh into the river. It could not be recovered. After throwing the vehicle into the river alongwith the dead body of Manjeet Singh, accused Anil and Ashok Kumar through the mobile No. 86796 -00117 of Suresh Kumar called taxi of Sanjay Kumar bearing No. HP -01B -0617 to Barmana. From Barmana, Sanjay Kumar had taken both the accused to Kallar and dropped them there. On the way at the petrol pump of M/s Ram Lal Anand and Sons, petrol of Rs.500/ - was filled and money was paid by accused Ashok Kumar. On 19.2.2012, ASI Gulab Singh (PW -9) Incharge Police Post, Dehar had received information that tyres of small vehicle were visible in river Sutlej at Dehar. Report Ext. PW - 9/A was entered in the Daily Station Diary and ASI Gulab Singh had gone to the spot for verification of the report. He found a white coloured vehicle lying in the river Sutlej. Information was given to Police Station, Sundernagar. Crane was called. Vehicle was taken out from the river. It was found to be an Alto Car bearing registration No. HP -69A -4444. A dead body was found inside it. Both the legs were tied with a bed sheet. Injuries were also present on the head and other parts of the body. On inquiry from Sahil, PW - 18, the car was found to be of his father Manjeet Singh. On being informed, Sahil, Surjeet and Vikrant had gone to the spot. Sahil identified the dead body of his father. Statement of Sahil under Section 154 CrPC was recorded by Inspector Jagdish Chand (PW -39) and forwarded to Police Station, Sundernagar. FIR Ext. PW -27/A was registered. Inspector Jagdish Chand clicked photographs of dead body and the spot vide Ext. PW -39/A -1 to Ext. PW -39/A -18. He prepared site plan Ext. PW -39/B. Post -mortem examination was got conducted. According to the final opinion, cause of death was opined to be head trauma and Hypovolemic shock. On 20.2.2012, Inspector Jagdish Chand took into possession the clothes of the deceased i.e. inner Ext. P6, shirt Ext. P7 and pullover Ext. P8 vide seizure memo Ext. PW -4/A. House of accused Sunita was searched by inspector Jagdish Chand in the presence of Ram Saran (PW -2) and Balak Ram (PW -30). On 25.2.2012, accused Anil Kumar and Naresh Kumar made disclosure statements Ext. PW -8/A and Ext. PW -8/B and got the spot identified at Dehar from where they had thrown down the vehicle alongwith dead body. Empty gas cylinder was produced by Sunita Chandel. It was seized vide seizure memo Ext. PW -11/A. It was identified by Ateh Mohd. Anil Kumar made a disclosure statement Ext. PW -11/B. In consequence thereof, he got recovered pants Ext. P19, which was seized vide seizure memo Ext. PW -11/C. On 27.2.2012 during interrogation accused Naresh Kumar disclosed that currency notes to the tune of Rs.3,000/ - were found in the dash board of the vehicle bearing No. HP -69A -4444. Accused Bhaskar also produced his pants Ext. P9 and shirt Ext. P10, which were seized vide seizure memo Ext. PW -4/B. On 29.2.2012, accused Suresh Kumar made a disclosure statement Ext. PW -4/D, in consequence thereof he got recovered two vests Ext. P20 and Ext. P21 which were seized vide Ext. PW -11/E. Spot map was prepared. Demarcation of the room was also carried out. Statement of Raj Kumar under Section 164 CrPC was got recorded through Anish Garg, the then Judicial Magistrate 1st Class, Sundernagar. Case property was deposited in the Malkhana and same was sent to RFSL Gutkar. Matter was investigated and Challan was put up in the Court after completing all codal formalities.