RAKESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 374 (2) of the ipc against the judgment, dated 2. 4. 2005 of the Court of learned Sessions Judge, Una, vide which the appellant was held guilty and convicted and sentenced for an offence under section 302 of the IPC. The appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000. There is no mention of the period for which the appellant was to remain in custody in case of default of payment of fine.

(2.) BRIEFLY stated the facts of the case are that on 5. 4. 2004, Smt. Savitri Devi, mother of the complainant Sohan Lal, had gone to bring grass from Swan Bela along with sharda and Monika (PW5), nieces of Sohan lal. At about 11. 00 a. m. Sharda and Monika came back and told the complainant Sohan lal to collect the grass of his mother, which she was carrying on her head, since the load was very heavy. Thereafter, PW1 Sohan Lal proceeded towards Swan Bela and reached there at about 11. 15 a. m. He found that accused rakesh was abusing his mother. Thereafter, the accused assaulted his mother with drat on her neck. PW1 Sohan lal raised hue and cry and the accused ran away from the spot with the drat. PW1 sohan Lal went near his mother and found that she had sustained an injury on her arm as well as on the neck and she was lying dead on the spot and blood was oozing out from her body. In the meantime, several persons gathered at the spot. It is also on record that meanwhile, a telephonic information was sent to the police by Smt. Kanta devi, Ward Panch, that one Savitri Devi has been cut by Rakesh Kumar, resident of lower Palkwah. This information was recorded at Police Post Haroli at 11. 50 a. m. vide rapat the copy of which is Ext. PD. It is further on record that ASI Raghuvir singh reached the spot and recorded the statement of the complainant Sohan Lal ext. PW1a in which he mentioned all the facts mentioned above. A case under Section 302 ipc was registered. It is also on record that meanwhile at about 12. 30 p. m. , the accused appeared in the Court of Shri k. L. Sharma, Additional Sessions, Una, along with a bag in his hand and stated that he had committed the murder of his aunt in the fields of village Palkwah. The said Shri k. L. Sharma directed the Naib Court of his court, namely, Harish Kumar (PW13) to catch hold of the accused and the accused was taken to the S. P. , Una along with the bag which was being carried by the accused allegedly containing a drat. After investigation, the challan was filed before the learned Judicial Magistrate at Una, who committed the case to the learned Sessions judge, who tried the appellant leading to his conviction and sentence, as detailed above.

(3.) WE have heard the learned counsel for the parties and have gone through the record of the case.