NIKKARAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Nikka Ram appellant has been convicted under Sections 302/201 IPC and has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/ - under Section 302 IPC. In default of payment of fine, the appellant has been further directed to undergo rigorous imprisonment for three years. Under Section 201, the appellant was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 500/ - default of payment of fine, the appellant was further directed to undergo rigorous imprisonment for six months. The sentences were ordered to run concurrently.

(2.) The present appellant was prosecuted for committing the murder of his wife Manjit Kaur. The prosecution case as put up against the appellant has been that on 21.7.1994 at about 8.45 in the morning, Partap Singh, Up -Pradhan, Gram Panchayat Palohra, Teh. Jawali, Distt. Kangra made a preport to the police. It was reported that a deed body of a lady in a gunny bag was lying near the Khad. The dead body was de -composed and; probably on account of the flow of the water stopped there. It was also reported that the informant did not know from where that has come. On this report, the S.H.O. alongwith other police officials went to the spot and noticed the dead body lying in the water which was in a gunny bag. Photographs of the dead body were taken at the spot. The dead body was taken out of the gunny bag. and again its photographs was taken. It was revealed that the dead body was of a lady aged about 28 to 30 years which was dc -composed. At that time, the dead body was having a Salwar, Kameej and Dupatta of Bhagwan colour and those clothes appeared to be* ready -made - The dead body could not be identified. A golden ring and a chhala alongwith Kara were there which were taken into possession. The Deputy Superintendent of Poli6e reached the spot, who also inspected the dead body. It appeared that the lady was murdered and thereafter put in the gunny bag and then thrown in the khad water: On the basis of the aforesaid circumstances, the present case under Sections 302/201 IPC was registered.

(3.) After making the inquest. The dead body was sent for post mortem at Civil Hospital, Nurpur. The doctor opined that the cause of the death was cardio respiratory failure due to asphyxia, due to throttling." the dead body was thereafter cremated, by the police, as the dead body, at that time, had not been identified.