SUDESH KUMARI Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal, is, directed by the convict/ accused/appellant herein, against, the pronouncement made by the learned Additional Sessions Judge, Fast Track Court, Una, District Una, H.P., upon, Sessions Case No.25/04 RBT 60/05/04, on 22.12.2006, whereunder, he convicted, the accused/appellant herein, for hers, committing an offence punishable under Section 201, of, the IPC, besides consequent thereto sentence, of, simple imprisonment for three years, and, a fine of Rs.5,000/- stood imposed, upon, the convict/accused/appellant, and, in default of payment of fine amount, she, was further sentenced to undergo simple imprisonment, for, six months.

(2.) The facts relevant to decide the instant case are Sh. Narain Chand (PW-11) is residing as tenant in Masit Bali Gali near Geeta Bhavan, Ward No.6 Una, in a building owned by the brother of Sh. Pran Nath, Advocate. Accused Sudesh Kumar was also residing in the same building as tenant on the third floor. On 20.06.2002, at about 5.30 a.m., when Narain Chand went near the tap to take water for the purpose of attending the call of nature, he noticed blood near the tap, and, thereafter he saw a dead body wrapped in a bundle lying in the verandah of the building, and, accordingly he informed Sh. Vinod Kumar, Municipal Commissioner, who reached at the spot and saw the dead body lying therein a bundle. They also noticed blood stains on the stairs upto the room of the accused. On this Vinod Kumar went to Police Post and informed the police. Thereafter, Incharge of Police Post City, Una along with other police officials reached at the spot and saw the dead body lying here, and, thereafter he sent a rukka Ex.PW13/A to the police station, upon, which FIR Ex.PW13/B was recorded. Police opened the bundle and saw that there was a dead body wrapped in a bed sheet, mosquito net and blankets with the help of a telephone wire and rope. Thereafter, the photographs of the dead body were taken and it was found that the dead body was of Hoshiar Singh son of Sh. Mandir Singh resident of Village Saloh. The postmortem of the dead body was conducted in ZH, Una, and after postmortem the cause of death was found head injury by multiple blows. During the investigation, the police on 21.6.2002 took into custody scooter bearing No. PB-16-7151, when it was lying parked near Guru Nanak, Medical Store, Una, belonging to the deceased. As per police it was parked thereby accused Sunil Kumar alias Sonu, who had fled away from the scene on the scooter of the deceased. On 22.6.2002 accused Sudesh Kumar made a disclosure statement Ex.PW9/B in police custody that she had concealed the wrist watch belonging tot he deceased in her house and on the basis of this statement the wrist watch in question was recovered from the house at the instance of the accused under recovery memo Ex.PW9/A. Thereafter on 27.6.2002, she made another disclosure statement Ex.PW4/A that she had concealed one "Balla" (wooden plank) and a dagger, both blood stained in a verandah of the building at the instance of her son, and, on the basis of this statement the said 'Balla' and dagger were recovered by the police. On the same day, accused Sudesh Kumar made one more disclosure statement Ex.PW4/B regarding concealing of golden ring and currency notes wroth Rs.220/- belonging tot he deceased in a hole/water out let of her house, and, accordingly the same were recovered from that place. During the investigating, the police also took into custody one blood stained cot through recovery memo Ex.PW1/C which was used by the deceased and Sunil Kumar in the night of 19.6.2002 and 20.6.2002 for sleeping. Thereafter, on 29.6.2002, accused Sudesh Kumar produced one learning licence belonging to her son Sunil Kumar from her house which was having the photograph of Sunil Kumar. After investigation it was found that the murder of Hoshiar Singh was caused by Sunil Kumar, the son of accused Sudesh Kumari, and, after the murder accused Sudesh Kumari helped her son in concealing the dead body and to destroy the evidence of murder. It was also found that after committing the murder accused Sunil Kumar took shelter from accused Partap Singh who was residing in Shahidan-Da Gurdwara, Una. As per prosecution, the motive of the murder of Hoshiar Singh by accused Sunil Kumar was that the deceased was having illicit relation with accused Sudesh Kumar which was not liked by Sunil Kumar. Accused Sunil Kumar could not be apprehended as he absconded after committing the murder.

(3.) On conclusion of the investigation, into the offence, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.