BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment passed by the Court of learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. in Sessions trial No. 17/7 of 2013, dated 20.01.2016, whereby the appellant-accused (hereinafter referred to as 'the accused') has been convicted and sentenced to undergo life imprisonment and to pay fine of Rs.10,000.00 under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and in case of default of payment of fine, the accused ordered to further undergo simple imprisonment for a period of two months.

(2.) The factual matrix of the case, as set out by the prosecution, are that Ram Krishan (complainant) resident of village Bhater used to earn his livelihood by working as a labourer. He has three children, namely, Champa Devi (deceased), Pawan Kumar and Sanju. The deceased was engaged to the accused about 6-7 months prior to the incident. The accused was employed in the Irrigation and Public Health Department and after his engagement, he had been meeting the deceased. On 23.02.2013, the complainant alongwith his younger brother Rattanu and sister-in-law Reeta Devi went to Bilaspur for attending a Court case. The elder son of the complainant, Pawan Kumar had gone to school, whereas his younger son Sanju, mother, Suvidha Devi and daughter (deceased) had stayed in the home.

(3.) In a nutshell, prosecution story is that on 23.2.2013, when the complainant alongwith his younger brother and sister-inlaw returned home at about 6-6.15 PM, they found both the sons of the complainant, his nephew Vijay Kumar, mother and Savitri Devi (wife) crying loudly and it was told that Champa Devi (deceased) died and her body was lying in the forest at Bhater. He then went to the spot and found that corpse of the deceased, where Chotu Ram, younger brother of the complainant, his uncle Sukh Dev, villagers Nand Kishore and Paramjeet were also present. On the spot, slippers and broken bangles of the deceased were lying and about 25 feet away from the dead body, in the bushes a hammer alongwith handle was found. Thereafter, the complainant made inquires from his wife and children and it was told that around 12.30 p.m. the deceased went to the forest at Bhater to bring fodder for cattle and Sanju (PW3) accompanied her. Savitri Devi had informed the deceased and Sanju that she was going to the shop at Khakeri to purchase ration. When she reached there, her son Sanju had also come, who disclosed that he came to assist her to lift the ration. After about two hours when Savitri Devi returned back home, the deceased was not in the home. They searched for the deceased, but in vain. Thereafter, the dog was released and it started barking where the deceased was found dead. Her mobile phone having two SIMs bearing No. 98177- 01634 and 88948-18414 was also lying nearby, which was lifted by Subedha (PW-5) and on being checked by Pawan Kumar (PW-8), SIM bearing No.98177-01634 was found missing from the mobile phone. The police was informed and the investigation ensued. The police clicked photographs of the dead body and the spot was videographed. The dead body was shifted to Government Primary School, Sandroti. Inspector Tilak Raj prepared inquest reports and thereafter the dead body was sent for post-mortem examination to R. H. Bilaspur under the supervision of ASI Dalip Chand and LC Hem Lata. On 24.02.2013, Dr. N.K. Sankhyan conducted the post mortem examination on the corpse of the deceased and found ante mortem injuries on her person. He opined that deceased died due to ante mortem injuries and possibility of throttling and smothering was not ruled out. He sealed parcel which contained ornaments and clothes of deceased, two sealed jars containing viscera, one sealed vial containing blood, another sealed vial containing scalp hair and a tube containing blood of deceased for DNA test. He also sealed a parcel containing vaginal swabs and two slides of vaginal smear, one sealed envelope containing letter to Chemical Examiner RFSL, Mandi, another sealed envelope containing letter to the Director SFSL, Junga. He handed over the entire parcels etc. to the police.