SHAKUNTLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Accused Pawan Kumar is the son of his co-accused Shakuntla Devi. They were tried, convicted and sentenced vide judgment, dated February 23, 1987 passed by the learned Addl. Sessions Judge, Bilaspur, the details of which are as under; St. No. Name Particulars of the offence under which convicted. Sentence with period etc. Sentence in default of payment of fine Shakuntla Devi (a) under section 302, I. P. C. (b) under section 201, I. P. C. Life imprisonment and fine of Rs. 1,000. Six months and fine of Rs. 500. S. I. for three months. S. I. for two months.

(2.) Pawan Kumar under section 201, I P. C. Sentenced to undergo the period already spent in jail and fine of Rs. 500. S. I. for two months. The aforesaid judgment has been assailed by both the appellants.

(3.) The prosecution case in brief is that the occurrence took place in village Gahghori Smt Bimla Devi (since deceased) was the wife of accused Pawan Kumar. They were married a year prior to the occurrence Both led normal married life for about 2 months but thereafter strained relations cropped up between the deceased and her mother-in-law, namely, accused Shakuntla Devi. This marriage was by way of exchange of the marriage of Asha Devi, daughter of accused Shakuntla with Mast Ram, brother of the deceased. On June 7,1986, Pawan Kumar, accused, informed the parents of the deceased that the latter was missing since the morning of that date. Both the accused searched for her and ultimately on June 9, 1986, Pawan Kumar, accused, in the company of his mother lodged a report at Police Station, Talai regarding the aforesaid fact. On the same day, Banta Ram, another brother of the deceased had also reported to the police by filing a complaint. However, on the following day, the dead body of deceased Bimla Devi was found floating in ˜Karah-kund (a small body of still water). On the basis of information imparted to the police by PW Karam Chand. PW 21 Munshi Ram, SHO, visited the spot, visually inspected the dead-body and after getting it photographed, despatched the same for post mortem examination Thereafter he also recorded the statement of PW 7 Lachman Dass, father of the deceased under section 154 Cr. P. C, upon which a case under section 306 I. P. C. was registered. However, after receipt of the postmortem report, the case was converted into one under section 302, I. P. C. Both the accused were then arrested for the commission of the offence. During investigation, disclosure statement of accused Shakuntla Devi was recorded which resulted into the discovery of blow iron pipe from Awan (upper storey of the house). On completion of investigation, accused Shakuntla Devi was prosecuted for the commission of the offence under section 302 and 201, I. P. C whereas her son accused Pawan Kumar was prosecuted for the commission of the offence under section 201 I. P. C.