BUDH RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This is a jail appeal preferred by convict Budh Ram assailing his conviction under Sections 302/342, IPC and sentences imparted thereupon vide judgment dated 31.12.1997 passed by Sessions Judge, Kinnaur Sessions Division at Rampur Bushahar.

(2.) The Trial Court, after convicting the present Appellant under the aforesaid provisions, sentenced him to undergo life imprisonment and to pay a fine of Rs. 2,000/- under Section 302, IPC and in the event of default in payment of fine, the Appellant was ordered to undergo imprisonment for an additional term of one year under Section 342, IPC, the Appellant was sentenced to undergo rigorous imprisonment for a term of six months and both the sentences awarded were ordered to run concurrently.

(3.) The prosecution case, as put up against the Appellant, had been that on 10.11.1994, in the early hours of the morning, Hira Singh, PW-5 lodged a report at Police Post, Jeori, which was Ex. PW-4/A on record. It was reported by Hira Singh complainant that he was employed as Beldar in Nathpa Jhakri Power Corporation, Kotla, Police Station, Jhakri and he was in occupation of a residential quarter on the first floor of the building at Kotla provided to him by this employer. Actually, according to the complainant, he was the permanent resident of Chalari, illaqua 15/20, Teh Rampur Bushahar. According to him, on 9.11.1996, he along with his wife and minor son, was going to bazar Jeori for making some purchases and near the petrol pump, he met accused along with his wife Smt. Asha Devi and they were going towards Kotla village. On inquiry, accused informed the complainant that he was going to village Kotla for collecting his salary and thereafter at about 5 in the evening when the complainant was returning to his quarter, the accused Budh Ram with his wife again met near the office of the Nathpa Jhakri Joint Venture Project. It was also reported by the complainant that his wife and son proceeded ahead and thereafter, the accused and his wife also accompanied the complainant to his residential quarter where at night they had their meals. According to complainant, after taking the meals, he, his wife and his son slept on one cot and on the other cot, the accused and his wife slept. It was also reported that at about 3 a.m., the complainant was awakened by his wife, who told that the accused has taken his wife towards gallary, outside the sleeping room on the pretext of passing urine. It was also reported that, at that time, same hue and cry was raised by Asha Devi which was audible inside the room. Thereafter, according to complainant, he got up from his bed and tried to open the door of the sleeping room, which was found to have been bolted from outside. Thereafter, the complainant asked the accused to open the door but the accused refused to do so. The complainant further reported that he again asked the accused as to why the cries which were raised by Asha Devi, were no more audible, to which the accused replied that he had finished her and thereafter, complainant came out of the sleeping room after unbolting another door towards Balcony and came out of the house. It was also reported that the complainant, thereafter, bolted the other door from has outside and then rushed to the Police Post for lodging the report as the accused intentionally happened to kill his wife. This report was made at about 4.30. a.m.