DEEPAK CHHATRI Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Deepak Chhatri has appealed against the judgment, dated 29.12.2005, of learned Sessions Court, Kullu, whereby he has been convicted of offence, under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/ -; in default of payment of fine to undergo imprisonment for a further period of two years.

(2.) CASE of the prosecution, which led to the trial and conviction of the appellant, may be stated. PW -1 Ram Nath is a resident of village Naingahar in Lahaul area of Lahaul Spiti District. He has about 7 -8 bighas of land in village Godang, on which he grows potatoes and peas. In June, 2004, PW -2 Rajeev, a son of PW -1 Ram Nath, brought a Gurkha labourer, named Raj Kumar (deceased) from Dobhi near Manali, to help him in cultivating his land. In the month of June, farmers in Lahaul area are awfully busy with their farm -work as the cultivation of crops is possible in that area only from May to September/October. PW -1 Ram Nath needed additional help for sowing peas and potatoes. On 28th June, 2004, he approached PW -3 Ramesh Vishi to provide two labourers on the next following day. PW -3 Ramesh Vishi deputed appellant Deepak Chhatri and one Tilak to work on the land of PW -1 Ram Nath in village Godang. PW -1 Ram Nath took the said two labourers and deceased Raj Kumar to his fields in village Godang. Deceased Raj Kumar was required to pull the plough like a bullock and appellant was asked to handle the plough like a farmer. When the two were ploughing the land, they happened to quarrel with each other, because the appellant called Raj Kumar a bull. PW -3 Ram Nath intervened and pacified them. At 2 p.m., the appellant, his co - labourer Tilak, PW -1 Ram Nath and deceased Raj Kumar took their meals. After taking the meals, the appellant disappeared. Tilak was deputed to search for him. The latter returned after some time and informed that he could not locate the appellant anywhere near the fields.

(3.) AFTER giving a call to his son, PW -1 Ram Nath returned to the spot. He did not find Raj Kumar or his dead -body there. He loqked around by means of a torch and noticed dragging marks. By that time he had been joined by PW -3 Ramesh Vishi, who had made available the appellant and Tilak, as labourers, to PW -1 Ram Nath. Tilak also joined PW -1 Ram Nath alongwith PW -3 Ramesh Vishi. They searched for Raj Kumar. They spotted dragging marks and followed the same. At a distance of about 30 metres from the point where the deceased had been beaten up, dead - body of the deceased was found. Neck of the body was tied by a rope that had been used for bundling the grass, which the deceased was carrying from the fields to the house of PW -1 Ram Nath.