NIDHIA RAM Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANT Nidhia ram, has been convicted of cffences under sections 302 and 201, I. P. C. for allegedly having murdered one Amin Chand on the night of 9. 2. 2001 and also having caused disappearance of evidence of the offence of murder. He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000, in default of the payment of fine, to undergo simple imprisonment for a further period of three months for the offence, under Section 302, i. P. C. , and as regards offence, under Section 201, IPC, he has been sentenced to undergo simple imprisonment for three months.

(2.) THE prosecution version may be summed up thus. On 9. 2. 2001, the deceased amin Chand left his house in village halundei, Pargana Jund, saying that he was going to Village Dhari to see his daughter rattani and also his sister Sumitra, who were married in that village. He was supposed to have returned the same evening, but did not return. Next day, his dead body was found at a place called Lafta Phat near village Halundei. Matter was reported to the police. Police reached the spot around 6. 00 p. m. on 10. 2. 2001. Inquest was conducted. Dead-body was sent to the hospital for postmortem examination. Ahead injury and also an injury to the testicles were noticed. The doctor opined that the death was caused by head injury and the injury to the testicles. The appellant, who was allegedly seen in the company of the deceased on the evening of 9th February, 2001 was taken into custody and interrogated. He made a disclosure statement, leading to the recovery of an underwear and a belt, which allegedly belonged to the deceased and also three pieces of stones, which he allegedly used to inflict injuries on the head and the testicles of the deceased. Clothes of the appellant were also taken into possession. Though the clothes had been washed by the accused-appellant, still some traces of blood were noticeable. The Chemical Examiner, to whom the clothes were sent, gave the opinion that the same bore stains of human blood. The underwear and the pieces of stones were also sent for the Chemical Examination and as per report of the Chemical Examiner, the same were stained with human blood of AB group. The police was informed by some witnesses, who allegedly saw the deceased last in the company of the appellant that the deceased and the appellant had exchanged hot words over the demand by the appellant that he be introduced to the lady with whom he (the deceased) had been having illicit relations. The police could not collect any direct evidence. It relied upon circumstantial evidence to bring the guilt home to the appellant. The circumstances, which is sought to prove, were as follows:

(3.) WE have heard the learned counsel for the appellant, as also the learned Additional advocate General. The trial Court has come to the conclusion that all the circumstances stand proved and they make a complete chain, which lead to one and only one conclusion that the appellant murdered the deceased and rule out the possibility of any other hypothesis.