SUSHMA RANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has preferred present petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), for grant of regular bail in case FIR No. 54 of 2016, dated 4th July, 2016, registered under Sections 302, 120-B and Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'), registered at Police Station Kala Amb, District Sirmour, H.P.

(2.) The respondent/State has filed status reports and produced the record for perusal. Prosecution case in brief is that deceased Sohan Singh (husband of present petitioner) had not returned back from his shop on 3rd July, 2016 and his dead body was noticed by complainant Gafur Mohammad, lying along with motor cycle below the culvert, on 4th July, 2016 at 8.00 a.m., near Gulria bridge, when he had looked below the culvert after noticing the blood, pieces of glass, battery and mobile phone on the road. Whereafter, he informed one Satish Kumar, who in turn informed the villagers and on arrival of the police on the spot, his statement under Section 154 Cr.P.C. was recorded and after registration of F.I.R., investigation was carried out. During post-mortem, it revealed that deceased died as a result of shock due to anti mortem injury to brain tissue with a moderately heavy wooden leading to blunt trauma homicidal in nature. On verifying the details of mobile phones of relatives and friends of deceased, it revealed that during the night of incident at 12.31 a.m., petitioner had conversation from her mobile phone bearing No.8894449439, with a Puran, having mobile number of Haryana area, bearing No.8930892125. On further enquiry of CDR and IMEI of mobile phones, it was found that mobile phone used for Sim No.8930892125, was also being used for any Sim No.9812582353, location of which was found on the spot of incident during the night of commission of offence and it was also revealed that Sim No.9812582353 was in the name of father of petitioner Sushma Rani, who had given it to his son Rinku, who had given it to petitioner Sushma Rani, who lastly had given it to co-accused Rajesh Kumar son of his step maternal aunt and at the time of incident, he was found using the said sim. On tracing, on 20th July, 2016, Rajesh Kumar was found in a village in district Yamunanagar and on enquiry he had disclosed that he and Sushma were having affairs, but due to marriage of petitioner Sushma in April, 2016 with deceased Sohan Singh, they were finding it difficult to meet each other. Therefore, they had conspired to eliminate deceased Sohan Singh and as per plan, on 3rd July, 2016, co-accused Rajesh had come to Barma Papri, the place of deceased Sohan Singh and had concealed a piece of iron pipe behind the parapet and started waiting for Sohan Singh near his shop on the road, wherefrom deceased Sohan Singh had to cross to go home after closing his shop. On arrival of Sohan Singh at that place, co-accused Rajesh met him and they started moving on their motor cycle, having talks with each other. On reaching Gulria bridge culvert, Rajesh asked deceased Sohan Singh to stop on the pretext of urinating. At that time Sohan Singh was carrying a bundle of rubber pipe on his neck. Co-accused Rajesh took out the iron pipe and hit the head of Sohan Singh with it with force, whereupon Sohan Singh fell down on the road. Whereafter, co-accused had thrown the pipe into the Naala and dragged Sohan Singh and thrown his motor cycle below the culvert. Thereafter, co-accused Rajesh Kumar came down below the culvert and found that Sohan Singh had expired within two- three minutes and then he went back to Yamunagar on his motor cycle. As per prosecution case, during investigation, petitioner Sushma had corroborated the version of coaccused Rajesh Kumar.

(3.) It is also mentioned in the status report that on verification of antecedents of co-accused Rajesh Kumar, it has been found that there were five cases registered against him and in case No.297/06 under Sections 279, 337 of IPC, case No.331/06 under Sections 457, 511of IPC and case No.31/07 under Section 364A, 376, 302, 201 of IPC, he had been acquitted and in case No.293/06 under Section 457, 380 of IPC, trial is pending, whereas in case No.18/07 under Sections 376, 302, 201 of IPC, registered in Police Station Paonta Sahib, District Sirmaur, H.P., he was convicted and sentenced with life and was serving sentence in Modal Central Jail, Nahan, District Sirmaur at the time of incident. On enquiry from the Superintendent of Jail, it was revealed that he was released on parole sanctioned from 12th November, 2015 to 21st November, 2015 but had not returned to jail on expiry of the said period and was absentee on parole. During this period, co-accused and petitioner have conspired and committed the offence.