RAJKUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The appeal stands directed against the impugned judgment of conviction besides consequent sentence(s) pronounced upon the accused by the learned trial Court, in respect of charges framed against him under Section 306 of the IPC.

(2.) The case set up by the prosecution in brief is that the husband of deceased Leela Devi, Shri Ram Kishan passed away about five years back. She had three children, Vivek, Arun and accused Raj Kumar. Accused Raj Kumar used to stay at his parental house in village, whereas, two others were living in Delhi. The entire landed property of his father had been bequeathed in the name of deceased Leela Devi. Though, accused and his mother used to reside in the same house but live separately. There were bickerings since the death of Sh. Ram Kishan and the relations between the mother and the son were stated to be sour as the accused used to demand the entire property from the deceased. The deceased was forced to leave the house now and then. So much so hat the deceased was compelled to take refuge in the house of her niece (PW-1) or with her sister Smt. Kalyani Devi (PW-3) or compelled to go to Delhi. The old lady had become helpless. Not only this, the accused used to cast doubts about the maternity of the deceased by proclaiming that he is not her son. About five days prior to the occurrence a Panchayat had been called in he village where even the S.D.M., Amb, had come to resolve the dispute between the son and the mother. Ultimately on 30th of July, 2006, when the deceased had gone to the house of her niece Smt. Raman Kumari (PW-1, she went disappearing at about 5 a.m. A frantic search was made. Smt. Kalyanai Devi and the brother of deceased Sh. Kalyan Singh were informed about her disappearance at village Nangal Jarialan. During the course of search at about 2 P.M., the slippers of the deceased were noticed near the well and on further and close scrutiny the deceased was seen lying in the well. On the statement of PW-1, recorded by the police, under Section 154 Cr.P.C., vide Ex.PW1/A, the criminal law was set into motion and on the basis of which FIR Ex. PW14/A came to be recorded in Police Station, Gagret. Thereafter the police carried out all the formalities with respect to the investigation(s) of the case.

(3.) On conclusion of investigation(s), into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.