LAWS(HPH)-2009-11-22

VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On November 25, 2009
VIJAY KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE appellants were tried and convicted, for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year each, for committing the murder of Smt. Sandeepna, wife of appellant Angrej Singh and also to destroy the evidence of her murder. The appellants have challenged their conviction and sentence on law and facts in the instant appeal.

(2.) BACKGROUND facts can be noticed thus. Appellant Angrej Singh was married about 12 years back to deceased, daughter of PW -13 Nikka Ram and from this wedlock she gave birth to two daughters and a son. The appellants were residing in village Ralwan in District Chamba, where they have joint property. It is alleged that the appellants had been picking -up quarrels with the deceased on one pretext or the other. Appellant Angrej Singh is stated to have constructed a new house in village Sagadu and he was employed somewhere outside.

(3.) NIKKA Ram reached old house of the appellants and remained there for about half an hour. On their return appellants told Nikka Ram that Sandeepna was not traceable, therefore, they would go to search her in their new house in village Sagadu. After sometime, they returned carrying Sandeepna on their back and laid her inside the room.