BHAG SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.8.1997 passed by the learned Sessions Judge, Bilaspur whereby accused-Appellant (hereinafter referred to es 'accused') has been convicted and sentenced under Section 302, Indian Penal Code to 'rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to suffer further rigorous imprisonment for one year.'

(2.) Case of the prosecution in brief is that Bohra Ram (since deceased) and Krishni Devi (PW-1) residents of village Kot in district Bilaspur were living together. All the sons of the deceased are married and are living separately. Four of their sons, namely, Ram Prakash, Piar Singh, Sarwan and Bhag Singh are residing in Nalagarh, Shyam "Singh resides in Ropar and the youngest son Prakash Chand used to reside with his parents in village Kot. About I-V2 months before December 22, 1995, accused Bhag Singh had come to village Kot. The accused was of the view that his father Bohra Ram had not properly divided the property between his sons and, therefore, he was annoyed with his father and brother Prakash Chand. Moreover, accused Bhag Singh wanted to sell five biswas of land jointly owned by him and Prakash Chand in Kothipura but it was objected to by the deceased. On 21.12.1995 after taking dinner, the accused and his parents slept in one room and Prakash Chand slept in Anr. room beyond kitchen. During night at about 2 p.m. Bohar Ram asked Krishani Devi to bring water. Therefore, she lighted the room and while carrying water, she saw that the accused was giving DARAT blows to her husband who was lying on the floor. On seeing this, Krishani Devi raised hue and cry and called Prakash Chand who came on the spot. The accused continued to give blows to Bohra Ram Krishani Devi and Prakash Chand enquired from Bhag Singh as to why he had acted in the aforesaid manner, whereupon the accused replied that he had done whatever he was to do. He threw away the DARAT and ran away from the spot. Krishani Devi and Prakash Chand got scared and did not catch hold of the accused.. Prakash Chand then went to inform the villagers about the occurrence and Krishani Devi remained sitting near the body of Bohra Ram. After sometime, Prakash Chand came back followed by Bittu Ram (PW-4) and Sukh Ram (PW-6). Thereafter, Nikka Ram, Pradhan of the Gram Panchayat (PW-3) and Prem Chand, Chowkidar also came on the spot. Thereafter accused also returned home. He was caught hold of by those who were present so that he may not again run away. After getting the detailed information about the occurrence from Prakash Chand, PW Nikka Ram deputed Siri Ram (PW-5) to Kalol to telephonically inform the police at Police Station, Talai about the occurrence.Information received by the police from Sin Ram telephonically was recorded at Police Station. Talai vide daily diary report (Ext. PW-14/A). Birbal Ram (PW-14), SI, SHO then proceeded to spot and recorded the statement of PW Nikka Ram under Section 154, Code of Criminal Procedure (Ext. PW-3/A) on the basis of which F.I.R. (Ext. PW-ll/A) came into being at Police Station, Talai. He prepared the site plan (Ext. PW-14/B) and inquest report (Ext. PW- 2/A) and Ext. PW-2/B), Photographs of the spot (Exts. PW-12/A-1 to PW 12/A-ll) were taken by Jagat Kumar (PW-12), negatives of which are Exts. FW-12/A-12 to PW-12/A-22. DARAT (Ext. P-l), the weapon of offence, rough sketch whereof is Ext. PW-14/C was also taken in possession by the Investigating Officer and was sealed vide memo Ext. PW-3/B, blood-stained soil was also taken into possession vide memo Ext. PW-3/C. One blood-stained bed-sheet (Ext. P-4) was also taken in possession by the Investigating Officer vide Ext. PW- 3/A. Blood-stained shirt of the accused (Ext. P-5) was also taken in possession vide memo Ext. PW-3/E. The dead body of Bohra Ram was sent to the District Hospital, Bilaspur for post-mortem which " was conducted by PW-7 Dr. N.K. Sankhyan and Dr. A.K. Soni. At the time of conducting the post-mortem, following injuries were found on the person of the deceased:

(3.) As per the opinion of the doctors conducting post mortem, Bohra Ram died due to shock (neurogeneric and hypovolumic) as a result of abovesaid homicidal ante mortem injuries and the probable time which elapsed between the injuries and death was within few minutes to few hours and the probable time which elapsed between death and post mortem was not less than 36 hours and not more 4 than 72 hours. After post-mortem, the concerned doctors handed over a sealed vial bearing two seals, a sealed packet sealed with four seals containing the underwear of the deceased, Anr. sealed packet containing letter to the Chemical Analyist and the sample of seal to the police. The Investigation Officer also took in possession two Wills executed by the deceased Exts. PW-14/D and PW-14/ E on production by PW Krishani Devi vide memo Ext. PW-14/F. The blood sample of the deceased, the underwear found on his person at the time of post mortem, DRAT, the alleged weapon of offence, CHADDAR, bloodstained soil taken from the spot and the shirt of the accused were sent for chemcial analysis to the State Forensic Science Laboratory. The report received from the said Laboratory is Ext. PW-14/G, wherein it has been opined that the blood sample and the blood on the underwear of the deceased and the shirt of ^Xthe accused was found to be the human blood of 'O' group. Human blood stains were found on the DRAT, CHADDAR and the soil, but the group of the blood could not be ascertained. On completioi. of the investigation and on being satisfied that the accused had committed an offence punishable under Section 302,, Indin Penal Code the Officer Incharge of the Police Station, Talai accordingly submitted the charge sheet and the accused was tried by the learned Sessions Judge, Bilaspur on a charge under Section 302, Indin Penal Code and was finally convicted and sentenced as aforesaid, hence this appeal by the accused.