Sureshwar Thakur, J. -
(1.)The instant appeal is directed against the judgment rendered, on 23.2.2018, by the learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, H.P., upon, Sessions trial No.26-R/7, of, 2015/2016, and, where through(s), the accused became convicted, for, a charge, drawn under Sections 302 IPC, and, also consequent therewith sentence, of, rigorous imprisonment, for life, and, a fine of Rs. 10,000/-, for the commission of offence, under, Section 302 IPC, became imposed upon him, and in default of payment of fine, he was further sentenced to undergo simple imprisonment for six months. The convict is further sentenced to undergo imprisonment, for two years, and to pay fine of Rs. 2000/-, for the commission, of, an offence punishable under Section 201 IPC, and in default of payment of fine, he was further sentenced to undergo simple imprisonment, for, a term, of, three months.
(2.)Brief facts of the case, are, that on 5.10.2014, complainant Jaswant Singh moved an application Ext. PW1/A, regarding missing of his servant namely Kul Prasad, in which it is alleged that deceased Kul Prasad, who was resident of Nepal, was working with him for the last 7-8 years. He provided him a rent free accommodation at Khaneri, in the same building where Kul Prasad used to reside with his wife Laxmi and daughter Sanjana. On 3.10.2014, complainant had gone to Shimla from Rampur and he had telephonic conversation with Kul Prasad, on 3.10.2014 at about 1:30 to 2 p.m. Thereafter when ever he tried to call him, his mobile phone was switched off. It is further averred that on 4.10.2014, he returned back, but Kul Prasad was not present in the office. It is further alleged that accused was in visiting terms to the house of Kul Prasad and often used to drink with him. He suspected in the application that Ramesh Chaudhary was having some knowledge of role in the missing of Kul Prasad. On the basis of his application, FIR Ext. PW14/A was registered in PS, Rampur. After registration ofl the FIR, I.O, PW-14 along with other police officials and complainant departed towards Chuhbag and Khaneri in search of Kul Prasad and Ramesh Chaudhary. One person was found standing near Hotel Little Chef at place Khaneri, who was identified as Ramesh Chaudhary. The accused was apprehended and his personal details were got verified. The accused was interrogated and during investigation, he disclosed that he had killed Kul Prasad. On the basis of his disclosure, PW-2 Laxmi Devi, wife of deceased Kul Prasad was also associated in the investigation. In the presence of witnesses, accused disclosed that he had killed Kul Prasad with knife and had thrown his dead body in Satluj river by wrapping it in the blanket. He also disclosed lthat he can get identified the spot and get the knife recovered. His disclosure memo Ext. PW1/B was reduced into writing. Thereafter, the accused led the police party alongwith PW-1 and PW-2, to his residential room located below Sanjeevani Hospital, Khaneri. The accused took the raiding party inside the room and got recovered one knife Ext. PB1 from the Almirah lying under the newspaper. The knife was blood stained. Thereafter, the room of the accused was inspected and during inspection of the room, one blood stained T Shirt Ext. PC1 was recovered, which was identified by PW-2 Laxmi Devi, to be of deceased Kul Prasad. One certificate of citizenship, one blood stained broom Ext. PA1 and one blood stained piece of brick Ext. PEI was recovered from the kitchen. All the recovered articles were taken into possession vide memo Ext. PW1/E. Spot memo of the place of recovery Ext. PW14/C was prepared. The recovered articles were put in separate cloth parcel and cloth parcels were sealed with seal impression "R" and seal "R" after its use was handed over to PW-1 Jaswant Singh. Thereafter, accused disclosed that he had thrown his clothes with the dead body of Kul Prasad in river Satluj. Thereafter the accused led the police party and witnesses towards river Satluj near housing board colony at place Chuhbag. Accused identified that place from where he had thrown the dead body of Kul Prasad into river Satluj after wrapping in the blanket by dragging the same up to the cliff. The body of deceased Kul Prasad was searched in river Satluj, but it could not be traced out. On return to the police station, IO handed over the entire case property to mallkhana Incharge, PW-15 HC Sunil Kumar, who entered it in the malkhana register, abstracts of which are Ext. PW15/A to Ext. PW15/C and deposited in the mallkhana. On 15.10.2014, one Rajesh Kumar informed at PS Brow that one dead body has been found to be floating in river Satluj, upon which PW-6 Insp, Santosh Kumar alongwith other police officials of PS Brow, went to the banks of river Satluj near Jagatkhana bridge and found one dead body floating in river Satluj. PW-6 took the dead body to MGMSC, Khaneri and SHO, P.S. Rampur, disclosed that one murder case has been registered in P.S. Rampur, in which dead body had not yet recovered. PW-14 SHO,P.S. Rampur arrived at MGMSC Khaneri where PW-2 Laxmi Devi identified the dead body to be of her deceased husband Kul Prasad, vide memo Ext. PW2/A. Postmortem examination of the body of deceased was got conducted at IGMC Shimla, vide application Ext. PW14/F by the team of doctors and postmortem report Ext. PW12/A was procured. The blood sample of deceased was also taken on FTA card by PW-12. The blood samples of daughter of deceased were also taken on FTA cards Ext. PW5/A-1, on 6.10.2014.On 7.10.2014 and 20.10.2014, case property was sent for SFSL examination vide R/C Ext. PW15/D and Ext. PW15/E. The FSL report Ext. PX to Ext. PZ were received in P.S. Rampur. It has come in FSL report Ext. PZ that the DNA profile obtained from recovered knife and vest and grass taken from the spot, from where the dead body was thrown has completely matched with the DNA profile of deceased Kul Prasad. It has also come that DNA profiling of deceased Kul Prasad was also consistent with the DNA profiling of his daughter Sanjana. After completion of investigation, PW-14 Insp. Mathura Dass prepared the challan and presented in the Court of LD. ACJM, Rampur. The learned ACJM, Rampur vide order dated 15.1.2015, committed the case to learned Sessions Judge, Rampur, from where it was received in this Court by way an appeal.
(3.)The accused was charged for committing, an, offence punishable, under Sections 302, and under Section 201, of, IPC. In proof of the prosecution case, the prosecution examined fifteen witnesses. On conclusion of recording, of, prosecution evidence, the statement of the accused, under, Section 313 Cr.P.C. was recorded, by the trial Court, wherein, he claimed false implication.