(1.) Present appeal is filed against the judgment and sentence passed by learned Additional Sessions Judge Ghumarwin District Bilaspur (H.P.) camp at Bilaspur in Sessions Trial No. 1 -7 of 2012/2011 title State of H.P. v/s. Khim Raj decided on 31.10.2012.
(2.) It is alleged by prosecution that in the intervening night of 30/31.8.2011 at Sandholi accused committed murder of deceased Babli in his residential house. It is alleged by prosecution that deceased Babli was married with Penu Ram at place Jamethi and four children were born out of their wedlock. It is alleged by prosecution that accused brought deceased Babli from Luhri Rampur and started residing with deceased as husband. It is alleged by prosecution that deceased Babli brought her four children born from her previous husband. It is alleged by prosecution that one daughter of deceased namely Chandana was married and thereafter another daughter of Babli also started residing with Chandana after her marriage. It is alleged by prosecution that two children of deceased Babli namely Shiva and Tanu were residing with accused and Babli at place Sandholi. It is alleged by prosecution that on 30.8.2011 at about 7 PM Guddu @ Ramesh PW2 came to the residential house of accused and thereafter Shiva PW12 was sent by Babli for purchasing liquor and he was given currency note of Rs. 100/ - (Rupees one hundred only). It is alleged by prosecution that thereafter liquor bottle was brought at the rate of Rs. 60/ - (Rupees sixty only) and Rs. 40/ - (Rupees forty only) returned and thereafter liquor was consumed by accused and deceased Babli. It is alleged by prosecution that thereafter in the night accused along with deceased Babli and Guddu @ Ramesh started consuming liquor. It is alleged by prosecution that after consuming liquor accused pushed deceased Babli and levelled allegations of adultery and also gave beatings to deceased. It is alleged by prosecution that thereafter Guddu @ Ramesh tried to save deceased Babli but accused did not stop and thereafter deceased Babli went towards river as she was frightened by accused. It is alleged by prosecution that thereafter accused also ran after deceased and deceased was brought back by accused and accused also started beating the deceased with fuel wood. It is alleged by prosecution that deceased was dragged by accused to courtyard and beaten the deceased and thereafter took the deceased inside the house. It is alleged by prosecution that Tanu and Shiva children went for sleeping in the house of Gian Chand in night. It is alleged by prosecution that due to beating given by accused to deceased by way of fist and kick blows as well as by fuel wood deceased sustained multiple injuries and subsequently deceased died on account of injuries. It is alleged by prosecution that thereafter Gian Chand PW1 in the morning found deceased Babli lying dead and he intimated Dayalu Ram ward member and thereafter Dayalu Ram ward member intimated the police officials. It is alleged by prosecution that dead body of deceased was wrapped with blanket and bed sheet containing blood stains. It is alleged by prosecution that after receiving information rapat Ext. PW13/A was registered and thereafter investigating agency proceeded to the spot and statement under Sec. 154 Cr.P.C. recorded. It is alleged by prosecution that thereafter ruka was sent through HHC Roop Lal for registration of FIR and FIR Ext. PW8/E was registered. It is alleged by prosecution that thereafter inquest papers prepared and application for post mortem of deceased filed. It is alleged by prosecution that blood stained bed sheet and blood stained blanket recovered vide seizure memo. It is alleged by prosecution that broken pieces of fuel wood also took into possession vide seizure memo. It is alleged by prosecution that empty bottles of liquor also recovered. It is alleged by prosecution that site plan was prepared and accused was medically examined. It is alleged by prosecution that statements of prosecution witnesses recorded and photographs also obtained. It is alleged by prosecution that report of chemical analyst also obtained.
(3.) Charge was framed by learned Additional Sessions Judge Ghumarwin camp at Bilaspur (H.P.) against appellant Khim Raj under Sec. 302 IPC on dated 17.2.2012. Accused did not plead guilty and claimed trial.