SATISH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) SURJIT SINGH, J. Initially, the appeal was filed by two appellants, i.e. Satish Kumar and Shakuntla Devi. Now Shakuntla Devi is dead.

(2.) Appellant Satish Kumar is aggrieved by the judgment of the trial Court (Sessions Court) whereby he has been convicted of offence under Section 302 read with Section 34, IPC and sentenced to undergo imprisonment for life arid to pay fine of Rs. 5,000/- and further imprisonment for one year for offence under Section 201 read with Section 34, IPC. Appellant, along with his mother Shankutla Devi, was put on trial for murdering his father Shri Prem Chand on the night intervening 3rd and 4th April, 2002 at his (deceased's) house in village Karera, Tehsil Khudian District Kangra, H.P.

(3.) Prosecution version, as per record, is as follows. Deceased Prem Chand had not been having cordial relations with his wife Shakuntla Devi. About 12-13 years back Shakuntla Devi along with her children, i.e. appellant Satish Kumar, another son Bhuru Singh alias Suresh and daughter Santosh Kumar had been turned out of the matrimonial home. The reason for acrimony was that the deceased had been keeping a lady, named Amro Devi, at his place and was having illicit relations with her. Shakuntla filed a petition, under Section 125, Cr. P.C. in the Court for Judicial Magistrate 1st Class, Dehra, against the deceased. On 3rd April, 2002. the petition was listed for hearing. Shankutla, deceased appellant, went to attend the Court. The deceased (Prem Chand) also attended the Court proceedings. On the next day, i.e. 4th April, 2002. Prem Chand was found dead on a cot in his house. Bhuru alias Suresh, brother of appellant Satish Kumar, informed about the death of his father (deceased Prem Chand) to a lady named Kanta Devi (P.W. 4), who runs a shop at a place called Dalghatta. He gave this information sometime after 11 a.m. Kanta Devi (P.W. 4) had seen Jagan Singh, Balwant Singh, Om Parkash and Gurdas Ram boarding a bus at Dalghatta. Jagan Singh is one of the brothers of the deceased. The bus was bound for a place called Majheen. Therefore, Kanta Devi rang up an STD booth owner to inform Jagan Singh P.W. 3, a brother of Prem Chand, about his (Prem Chand's) death. The STD owner got her connected with P.W. 5 Balwant Singh, who along with other persons and Jagan Singh, had boarded the bus at Dalghatta. The lady informed Balwant Singh (P.W. 5) about the information passed on to her by Bhuru alias Suresh, one of the sons of the deceased, Balwant Singh informed P.W. 3 Jagan Singh. Thereafter, all the four, who travelled by the bus, namely P.W. 3 Jagan Singh, P.W. 5 Balwant Singh, P.W. 6 Gurdas Ram and Om Parkash, went to village Karera. On reaching the house of deceased, they found appellant Satish Kumar and deceased appellant Shakuntla Devi in the courtyard. Jagan Singh enquired from Shakuntla as to where the deceased was. She told him that he was asleep in the room. Jagan Singh accompanied by Gurdas Ram, Balwant Singh and Om Parkash then went inside the room. Prem Chand was lying on a cot covered with a bed sheet. On removing the bed sheet, Jagan Singh found that Prem Chand was dead. He then locked the room from outside and asked Shakuntla as to how Prem Chand had died. She and the present appellant told that they happened to commit the mistake and fell on the feet of Jagan Singh begging for being helped in escaping punishment. Jagan Singh then went to Village Bharoli where SHO, Police Station Jawalamukhi had gone to provide security to a visiting Minister. Jagan Singh informed the SHO about the incident. The SHO recorded the statement of Jagan Singh, under Section 154, Cr. P.C. (Ex. P.W. 3/A) and sent it to the Police Station for the formal registration of the case. Police then visited the spot. Inquest was conducted. Various injuries were noticed on the dead body. The injuries were entered in the inquest forms. Dead body was dispatched to the hospital for post-mortem examination. The doctor noticed the following injuries on the dead body :