HARI RAM BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) The present appeals have been preferred by the appellants/accused/convicts (hereinafter referred to as "the accused persons") laying challenge to judgment, dated 01.04.2017, passed by learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, H.P., in Sessions Trial No. 31 of 2014, whereby the accused persons were convicted for the offences punishable under Sections 302 and 201 read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as "the IPC").

(2.) The facts which are necessary for the purpose of adjudication of the present appeals are that accused No. 2, Kishan, is cousin of accused No. 1, Hari Ram Bahadur, and accused No. 1 is husband of accused No. 3, Geeta. The accused persons, who are Nepali nationals, and the deceased (Narayan Bahadur) was also a Nepali national, came to village Dalash for earning their livelihood. The accused persons and the deceased started working as labourers in orchards. In the month of April, 2014, the accused couple and the deceased started residing together in a room at Dalash and accused Kishan started living in a different accommodation. The deceased, during his stay with the accused couple, developed illicit relations with accused No. 3 and it came in the knowledge of accused No. 1, when he saw the deceased and accused No. 3 in the room in compromising condition. Thus, it resulted into hostile relations between the deceased and accused No. 1. Subsequently, one Shri Bhagwan Prakash (complainant), on the request of the deceased, employed him in his orchard and also gave him a separate room in his house located in Dalash. A week prior to the incident, accused No. 1 met the complainant in Dalash market and expressed his rancor for the deceased. Accused No. 1 informed the complainant about the illicit relations of the deceased with his wife, but the complainant informed him that the deceased told him that accused No. 3 is like his sister. On this, accused No. 1 further divulged to the complainant that he himself saw the deceased and accused No. 3 in compromising condition. After 3-4 days, the deceased came to the complainant and told that during the night 2-3 Nepali persons were searching for him and he apprehended that they came to assault him. So, the deceased started residing in the complainant's house at Buni. It has further come in the prosecution story that on 29.04.2014 the deceased took Rs.11,000.00 from the complainant, which he intended to send, through someone, to his home. As per the allegations, accused No. 1 hatched a conspiracy with his wife (accused No. 3) and accused No. 2 to kill the deceased and on 01.05.2014 the deceased was called to the residence of accused No. 1 at Dalash. The deceased, without apprehending any threat to his life, went to the residence of accused No. 1 and 3. The deceased alongwith accused No. 3 went to the market for bringing chicken. Subsequently, as per the conspiracy, accused No. 1 and 2 started taking liquor with the deceased and large quantity of liquor was administered to the deceased. In the course of taking liquor, all the accused persons assaulted the deceased. Accused No. 1 thrashed the deceased with a stick, accused No. 2 gave beatings with leg and fist blows and accused No. 3 gave a blow with a scythe. Pursuant to the severe beatings, the deceased sustained multiple grievous bleeding injuries and finally he succumbed to his injuries. Thereafter, as per the prosecution case, the accused persons shifted the dead body of the deceased from the room and threw the same in an orchard located at some distance. The room was cleaned by accused No. 3 and she also wiped the blood from the floor of the room with a jute sack, which was thrown into the bushes. Thereafter, the accused persons fled away.

(3.) On the subsequent morning, the dead body was noticed by the people and the matter was reported to the police by village Chowkidar. Thus, a police team rushed to the spot and in the interregnum the complainant came to know about the murder of the deceased, so he also went to the spot. Inquest proceedings were conducted by the police and the investigation ensued. Police recorded the statement of the complainant under Sec. 154 Crimial P.C. and a case was registered against the accused persons. Site plans were prepared and the spots were photographed. Police took into possession the blood soiled earth, earth from the place of recovery of the dead body, samples of blood from the road, the stairs leading to the room, the floor and walls of the room of accused No. 1 and 3 were also taken and same were sealed in parcels. Police also took into possession the blood soiled jute sack, which was found near the residence of accused No. 1 and 3. Thereafter, the dead body was sent to Civil Hospital, Anni, for postmortem examination. Dr. Bhagwat Mehta conducted the postmortem examination and handed over to the police preserved jars of viscera and blood sample of the deceased.