STATE OF HIMACHAL PRADESH Vs. PARKASH CHAND

JUDGEMENT

(1.) Parkash Chand respondent, Smt. Saina Devi his mother and Tek Chand his brother have been acquitted by Shri Janeshwar Goel, Addl. Sessions Judge (1) Kangra Division at Dharamsala in Sessions Case No. 12 of 1986 and Sessions trial No. 9 of 1986. Parkash Chand was charged under Section 302 read with Section 201 of the Indian Penal Code for having committed murder of his wife Smt. Reeta Devi as also for having caused disappearance of the evidence with intention to screen himself from legal punishment. Other two respondents, namely, Tek Chand and Saina Devi were charged under Section 201 read with Section 34 of the I.P.C. for having allegedly committed offence of disappearance of the evidence of the dead body of the wife of Parkash Chand respondent with an intention to screen the said Parkash Chand from legal punishment. It is this acquittal of the respondents which has been impugned by the State in the present appeal.

(2.) Brief facts of the case are that late Rita Devi was earlier married to one Dr. Joshi of Banars and thereafter she had re-married Milkhi Ram (PW-5). On 24-4-1986 he had divorced late Rita Devi when Rs. 4000/- were paid in cash to her besides this she was stated to be possessed of her ornaments and clothes. Further case as revealed from the prosecution story is that on 29-5-1986, Bahadur Singh (PW-1) who is serving as a soldier in the Army saw at about 2.30 p.m. while on his way from Jungle to his house at Village Kandog smoke emanating from the house of the respondents. He immediately went to Sher Singh Subedar informing him about the fire having broken out in the kitchen room of respondent Parkash Chand and as such he (Sher Singh) should accompany him to extinguish the same, who informed this witness to call 3-4 more persons so that the fire could be extinguished. While PW-1 Bahadur Singh was coming out of the house of Sher Singh, he saw Shri Duni Chand, Ranu Ram, Prem Singh, Chuni Lal and Milkhi Ram on the way who were coming with the 'Doli' of the daughter of Vakil Singh. This witness is stated to have informed the aforesaid persons who told him that they would come back after leaving the 'doli' at the house of Vakil Singh. After the aforesaid persons reached the house of Vakil Singh it started raining and after one hour all of them came to the house of Parkash Chand when they saw respondents Saina Devi and Tek Chand standing in the verandah of their house and on enquiries made by Duni Chand regarding their having not raised noise when the fire had broken out in their house, to which enquiry both of them remained silent. Thereafter, Milkhi Ram is stated to have opened the door of the kitchen and all of them saw the dead body of Rita Devi lying burning near the hearth and it was wrapped in a gunny bag. At this stage it may be pointed out that more than half of the dead body had already been burnt. On the asking of Duni Chand, Milhi Ram poured water on the dead body of Rita Devi. Further case of the prosecution is that Pradhan of the panchayat and Chowkidar were called for and then enquiries were made from the respondents Saina Devi and Tek Chand, when Saina Devi made extra-judicial confession regarding the manner in which Rita Devi was done away with by Parkash Chand respondent on the previous night by giving 'Bhaempla' (of iron) blow on the head of Rita Devi which resulted in her death. On the night of 29-5-1986 Pradhan had sent a written report to the police through Bidhi Singh. Police of Police Station Kundhian reached the spot on the next morning i.e. 30-5-1986 and investigation was under taken by Sappo Singh, H.C. (PW- 13). The Ruqa received by this witness was Ex. PG, who made his endorsement on it vide Ex. PG/1 and on the basis whereof FIR Ex. PO was recorded at Police Station, Jawalamukhi. While going to the spot this H.C. also informed the S.H.O. on phone. This witness got the dead body of Rita Devi photographed from PW-10 Rajiv Sood Photographer After inspecting the dead body, Sappo Singh (PW-13) had filed in the inquest report (Ex. PJ) and the same is signed by him. The statements of Rai Singh and Prem Singh PWs regarding occurrence were not recorded by him, but both of them had identified the dead body.

(3.) After committing the crime of killing Rita Devi, Parkash Chand put her dead body in a gunny bag and left it in the kitchen. Some wood and shail bark of Biul wood were put on the dead body. Parkash Chand is stated to have left for his work after instructing his mother to put the dead body on fire and according to the prosecution story as revealed by this witness, she had in fact put the dead body to fire and closed the door of the kitchen. Not only this, but she herself benefit (Sic) went away to jungle after bolting the door.