LAWS(HPH)-2008-4-31

STATE OF H.P. Vs. HARISH KUMAR

Decided On April 11, 2008
STATE OF H.P. Appellant
V/S
HARISH KUMAR Respondents

JUDGEMENT

(1.) THE present appeal and the reference made by the Sessions Court for confirmation of the death sentence, awarded to the appellant, are being disposed of together by this judgment. Appellant has challenged his conviction and sentence for offence under Sections 302, 201 and 380 IPC.

(2.) CASE of the prosecution, which has led to the conviction of the appellant for offences, under Sections 302, 201 and 380 IPC and award of sentence of death for offence, under Section 302 IPC, sentence of five years rigorous imprisonment and a fine of Rs. 20,000/ - for offence, under Section 201 IPC and sentence of five years rigorous imprisonment and a fine of Rs. 20,000/ - in respect of offence, under Section 380 IPC, may be summed up thus. Deceased Vinod Kumar and PW -6 Vipan Kumar used to work together as Carpenters. In the year 2006, both of them went for Maanimahesh Yatra in Bharmour Tehsil of Chamba District. The fair is held in July -August every year. On the way, at Pathankot appellant Harish Kumar met them. He disclosed his name as Hans Raj resident of Ludhiana and made friends with them. They started together from Pathankot for Manimahesh. They broke their journey at Hadsar, on the first day. On reaching Manimahesh they stayed in the same tent. They exchanged their telephone numbers with each other. After attending the fair, appellant went to his place, while the deceased and PW -6 Vipan Kumar returned to their villages in Kangra District.

(3.) THE aforesaid daughter of the deceased used to go to her grandparents, who lived in the upper storey of the same building in which the deceased had his residence on the ground floor, early in the morning, around 5, to take her milk feed. On 29th September, 2006, she did not go to her grandparents and, therefore, PW -1 Prakam Singh went to deceaseds place to find out why his daughter had not come that morning. On reaching the house of the deceased he found the dead body of the deceased lying on a bed -box. The appellant, who was there in the night, was missing. On seeing the dead body of his son, PW -1 Prakam Singh started crying. He called PW -2 Sanjeev Kumar Pradhan. PW -1 Prakam Singh did not see his daughter -in -law, i.e. the wife of the deceased, and his aforesaid small grand -daughter. He started searching for them in the house. He found the dead body of his daughter -in -law Meera in one bed -box. In the other hand bed -box on which the dead body of deceased Vinod Kumar lay, he found the dead body of his grand daughter, aged about 22 months, with her mouth gagged with a piece of cloth. Dead bodies of his son Vinod Kumar and daughter -in -law Meera had pieces of cloth tightened and knotted around their necks.