DEVI RAM Vs. STATE OF H P

JUDGEMENT

(1.) The appellant (hereinafter referred to as the 'accused') herein is a convict. He has been convicted by learned Additional Sessions Judge-I, Mandi, District Mandi, H.P. for the commission of offence punishable under Sections 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- for the commission of offence punishable under Section 302 IPC and for a period of one year and to pay fine of Rs.5,000/- for the commission of offence punishable under Section 201 IPC vide judgment dated 30.11.2016 passed in Sessions Trial No. 23/2013, under challenge in the present appeal.

(2.) Pw-5 Maghu Ram is the father of the accused, whereas, complainant Narainu (PW-1) his brother. On 29.04.2013, there was marriage of daughter of one Dhani Ram (grand daughter of PW-11 Bhagat Ram) at village Khushla. Accused accompanied by his wife Manjeet Kaur and the complainant accompanied by his wife had gone to participate in the marriage. As per statement Ext.PW-1/A of PW-1 recorded under Section 154 Cr.P.C, the accused and deceased had their food and left the house of Dhani Ram around 6.45 p.m. The complainant left the house of said Dhani Ram at about 8.30 p.m. On the way, he heard criers of his brother, the accused who was asking 'Niche Aao, Niche Aao'(come down). Accordingly he went to 'nallah' and found his brother lying there on stone. On asking as to how he came there, the accused replied that he had slipped and fallen down. On inquiry as to where is his wife (deceased), he replied that she had gone to house of her parents. On asking this question repeatedly on 10-12 occasions, replied that she had gone to her parent's house. The complainant (PW-1) then raised alarm from the 'nallah' itself. On this, his father Maghu and nephew Dev Raj arrived there. In their presence also, the accused was asked about his wife, his reply again was that she had gone to the house of her parents. They lifted the accused from that place and brought to the path, there Hukam Chand, Gulab Chand, Tara Chand and Leeladhar met them. Hukam Chand (PW-2) inquired from the accused strictly as to where was his wife. On this, he told that she had gone to her house. The complainant retorted at him and told that she is not in the house. This allegedly raised suspicion in their mind that the accused may have killed her, therefore, PW-1 accompanied by Tara Chand and Leeladhar went inside the jungle and after searching the deceased for about 30-45 minutes, they could trace her out, who was lying in an injured condition in the jungle. There were grievous injuries on her head and forehead and she was lying in unconscious condition. They picked up her body and brought to the road. The deceased and the accused both were taken by them thereafter to civil hospital at Sundernagar for treatment. In the hospital, the deceased was declared dead by the doctor on duty. Since the accused has told lie about his wife and he was under fear as well perturbed, therefore, the complainant has suspected that it is he who had killed her.

(3.) The statement Ext.PW-1/A of complainant was recorded by Inspector Binny Minhas (PW-14), who on receipt of information Ext.PW-8/A had rushed to Civil Hospital, Sundernagar where the deceased was brought along with the accused. PW-1 Narainu and others were also present there. PW-14 made endorsement Ext.PW-14/A on the statement Ext.PW-1/A and it was sent to Police Station BSL Colony, Sundernagar through Constable Lal Singh. On the basis thereof, FIR Ext.PW-12/A was registered in the police station.