MAN BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Man Bahadur has appealed against the judgment dated 18th May, 2006 of learned Sessions Court, whereby he has been convicted of an offence, punishable under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5.000/-, in default of payment of fine to undergo imprisonment for a further period of three months,

(2.) Appellant was working as labourer in the area of village Kiar-kothi, Tehsil Kotkhai District Shimia. Deceased Padam Bahadur Thapa was employed in the area of same village with PW-4 Kehar Singh. Deceased had been provided a temporary shelter (Dhara) comprising of one room for his stay. Deceased along with his wife Dilma Thapa (PW-3) used to live in that Dhara. Appellant and his wife Tara also started Jiving with the deceased and his wife in the said Dhara. Appellant developed a suspicion that the deceased had been having illicit intimacy with his wife Tara. On 27th June, 2004, deceased appellant and Tara went together to work in the fields. There the appellant and deceased happened to quarrel with each other, when the appellant made the accusation that the deceased was having illicit relations with his wife. In the evening, they returned to the Dhara of the appellant. Fish had been arranged that evening, which was cooked at the place of the deceased. Besides the deceased his wife Dilma Thapa (PW-3), the appellant and his wife Tara, there were two other persons, namely, Tej Bahadur (PW-6) and one Sehdev and also Sehdev's wife Bimla (PW-5). who took their evening meals at deceased's place. Bimla's child went to sleep at deceased Dhara so Bimla also slept there in the night while her husband Sehdev accompanied by Tej Bahadur went to his own nearby Dhara. Around mid night Bimla heard sound of something striking against another thing. She woke-up Dilma Thapa (PW-3) and asked her to light the lamp. In the light of lamp, it was found that axe Ext. P1 was stuck in the head of deceased Padam Bahadur Thapa and he was dead. Appellant, who had slept in that very Dhara was found missing and the door was bolted from outside.

(3.) Kehar Singh (PW-4) with whom the deceased was employed was informed by Dilma Thapa. Police was informed. PW-14 Sukh Dev Raj A. S. I., accompanied by some other police officials reached to the spot. He recorded the statement under Section 154 of the Code of Criminal Procedure of Dilma Thapa, which is Ext. PW-3/A and sent the same to the Police Station for formal registration of the case. Case was registered on the basis of that statement.