RATTAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants, hereinafter called as accused persons, in both the appeals are convicts. The principal accused is Rattan Chand, appellant in Criminal Appeal No. 493 of 2015. He has been convicted by learned Additional Sessions Judge, Chamba, District Chamba, H.P. for the commission of the offence punishable under Sections 302 and 404 of the Indian Penal Code, whereas acquitted of the charge framed against him under Section 376 of the Code. His co-accused Vikash Puri, the appellant in connected appeal No. 176 of 2015 has been held guilty and convicted for the commission of offence punishable under Section 411 of the Indian Penal Code. Accused Rattan Chand has been sentenced to undergo imprisonment for life and to pay Rs. 20,000/- as fine for the commission of offence punishable under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for three years for the commission of offence punishable under Section 404 of the Code, whereas accused Vikash Puri has been sentenced to undergo rigorous imprisonment for three years and to pay Rs. 5000/- as fine for the commission of the offence punishable under Section 411 of the Indian Penal Code vide judgment dated 10.4.2015, under challenge in these appeals.

(2.) On 9.5.2012 Gorkhi, a female, aged 42 years, was found dead in Khanera jungle, Pargana Manjer, Tehsil Salooni, District Chamba. The police of Police Station, Kihar received information in this regard at about 7:35 P.M. over telephone which was entered in rapat rojnamcha vide rapat Ext. PW18/C. On receipt of the information, PW23 Sub Inspector Darshan Singh accompanied by ASI Ishwar Dass, HC Varinder (PW9), HC Bhag Singh, C. Satish (PW20), C. Rumel and C. Devi Chand (PW12) left for the spot in official vehicle (Gypsy) No. HP-48-0863. The same was being driven by C. Tilak Raj. On the spot, HC Bhupi Ram. C. Subhash and Lady Constable Ranjana of Police Station, Salooni had already arrived and present. Bal Krishan PW1 son of deceased was also present on the spot. He made the statement Ext.PW1/A which was recorded by PW 23 Sub Inspector Darshan Singh, the then Station House Office, Police Station, Kihar and investigating officer of this case. In a nut shell, the complainant PW1 has disclosed that on 9.5.2012 around 11:30 A.M. all family members had left the home in connection with their respective domestic affairs. He along with his wife also left for village Bhandal to the house of his paternal aunt (Bua) to attend the celebration of birthday of her son there. It is his mother Smt. Gorkhi, the deceased, left behind in the house. She told him that during day time she will go to forest to collect 'Khasrod' (wild vegetable). In the evening when he alongwith his wife returned around 3:30 P.M. to the house his younger brother Dharam Chand PW5 was present there. His mother, however, was not present. He, therefore, called her on her Cell Phone bearing No. 98169-67124. He in turn received the tone "switched off". He contacted his near relations to ascertain as to whether his mother Gorkhi has come to them or not. They all told that she had not come to them. It is on this, he accompanied by his wife Meena Devi went inside the forest adjoining to their house in search of Gorkhi Devi. It is around 6:45 P.M. they noticed that she was lying inside the bushes. On touching her body she was found dead. Her dupatta was found tied around her neck. Blood had oozed out from her nose and mouth. The nose pin, golden ear rings and silver chain were found missing from her nose, ears and neck. Her cell phone bearing No. 98169-67124 was found kept in light yellow coloured bag. However, on checking its SIM was found missing. In the bag, little wild vegetable was also found kept. Her plastic shoes were also found towards the side of her feet. On hearing his cries, the villagers also arrived at that place.

(3.) In view of the statement Ext. PW1/A the deceased was found to be strangulated with her dupatta and the SIM of the mobile missing. However, who did it and responsible for such gruesome act, nothing has come in the statement Ext.PW1/A nor the complainant PW1 suspected the hand of someone in the commission of this offence. Anyhow, it is during the course of investigation allegedly surfaced that accused Rattan Chand was in touch with the deceased since pretty long time. They both used to speak with each other over cell phones. The accused allegedly used to call the deceased from his cell phone bearing No. 98167-30076 on her cell phone bearing No. 98169-67124. On the fateful day also, he allegedly made four calls to her i.e. 07:16:59, 07:45:05, 10:10:59 and 10:40:48 hours. The call detail reports Ext.PW14/B and Ext.PW14/C have been pressed in service in this regard. As per the further investigation conducted in this matter accused Rattan Chand wanted to subject the deceased to sexual intercourse. She allegedly demanded money from him. He, however, failed to pay money to her and it is for this reasons she did not allow him to commit sexual intercourse with her. It is for this reasons he allegedly killed her by way of strangulating her with her own dupatta and taken away her jewellary i.e. nose pin, silver chain and golden ear rings. He allegedly sold the same to his co-accused Vikash Puri, a jeweller in Mohalla Lahore Gali, Chougan Chamba town. The charge against accused Rattan Chand was framed for the Commission of the offence punishable under Sections 376, 302 and 404 of the Indian Penal code, whereas against his co-accused Vikash Puri under Section 411 of the code. They, however, pleaded not guilty and claimed trial.