HARBANS LAL Vs. STATE

JUDGEMENT

(1.) Appellant-Harbans Lal (for short to be referred to as accused) after having been convicted under Section 302 of Ranbir Penal Code and slapped with the sentence of rigorous imprisonment for life and to pay fine of Rs. 5,000/-, in default thereof to further undergo imprisonment for six months vide impugned judgment dated 14-05-2009 passed by learned Principal Sessions Judge, Kathua has preferred Criminal Appeal No. 53 of 2009, praying for setting aside the conviction and sentence. The sentence imposed upon him has been sent to this Court by the learned trial judge for confirmation as envisaged under Section 374 of Code of Criminal Procedure (Svt. 1989) vide Confirmation No. 12 of 2009. Hence, Criminal Appeal No. 53 of 2009 and Confirmation No. 12 of 2009 are before us for their disposal.

(2.) Prosecution case in brief:

(3.) PW Sukhdev Singh Jamwal (Sub Inspector) incharge of the aforesaid police post swung into action, visited the spot, prepared the site plan, took into possession certain articles including sample of blood through different seizure memos, recorded the statement of the eyewitnesses, which included P Ws Deepu, Rinku and Neetu, the daughters of the deceased, who were present at the time of occurrence and disclosed that their mother was killed by their father (accused) by inflicting an injury on her head with a 'Darat', which was subsequently recovered pursuant to the disclosure statement of the accused when he was formally arrested as he had fled away from the scene of occurrence after assaulting his wife. The Investigating Officer recorded the statement of other witnesses also. After completion of the investigation, a final report was submitted in the court whereupon the accused was charged under Section 302 RPC for which he now stands convicted and sentenced as stated hereinabove.