MUKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the accused against judgment dated 7.6.2008 passed by learned Sessions Judge, Bilaspur in sessions trial No. 17 of 2006, titled State of H.P. vs. Mukesh Kumar, whereby he has been convicted under Section 177 of IPC and has been sentenced to undergo simple imprisonment for six months and to pay fine of Rs.1000/- and in case of default of fine, to further undergo simple imprisonment for one month.

(2.) Brief facts of the case are that appellant Mukesh Kumar along with one Leela Devi wife of Partap Singh had stayed in a room at Matri Anchal Sarai at Sri Naina Devi Ji on 26.12.2005 by depicting her as his wife Lata Devi in the register of Sarai and on 27.12.2005 the said lady, on account of pains, was taken to CHC Ghawandal, where she was declared to be brought dead by the doctor. At that time also, appellant had disclosed the identity of deceased as his wife namely Lata Devi. However, later on during investigation under Section 174 Cr.P.C, it was disclosed that deceased was not Lata Devi, wife of Mukesh Kumar(accused), but was Leela Devi wife of Partap Singh, resident of Tunai, P.O. and Tehsil Sundernagar, District Mandi, which resulted into registration of criminal case against the appellant.

(3.) On completion of investigation, challan under Sections 177, 304-A and 366 IPC was presented in the Court against the accused and on conclusion of trial, he was acquitted for commission of offences punishable under Sections 366 and 304-A IPC, but was convicted for commission of offence punishable under Section 177 IPC.