TARLOK SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appellant Tarlok Singh was charged under Section 302, IPC, for committing the murder of one Shri Duni Chand on 17/05/1992. After trial, the appellant was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000.00 and in default of payment of fine he was further directed to undergo imprisonment for a period of one month. The trial Judge also ordered that the entire amount of fine, if recovered, would be paid to the widow of the deceased by way of compensation.

(2.) As per prosecution case, the long standing enmity between the family of the accused and the deceased has been attributed to be the motive of the offence. The accused and the complainant were having their residential houses situated adjacently. The prosecution case, as put up, has been that on 17/05/1992 this Duni Chand deceased went to the house of the accused. Immediately after the deceased having entered into the house of the accused, some sound of falling was heard by Smt. Hima Devi (PW 4), who at that particular time had gone out of the house for fetching water. This lady was residing along with her family in the half portion of the house where the accused was residing with his family. Her husband's elder brother, Jagdish Chand (PW 5), who was also residing in that house, was informed by Hima Devi about the sound she heard. Jagdish Chand went to the spot inside the house of the accused, he found Duni Chand lying dead there and as a consequence thereof he raised an alarm. Villagers gathered there. Prabhu Ram (PW 3), Keshav Ram (PW 6) went to the house of Pradhan Gram Panchayat Lachhi Dhar (PW 1) along with one Indar Singh. They informed the Pradhan at about 11.00 at night about the occurrence. The Pradhan asked those persons to make a report in writing, which report Ex. PA was written by the Pradhan himself and was signed by the aforesaid persons. Thereafter, the Pradhan sent those persons to the house of Up-Pradhan Bali Ram (PW 2) along with letter Ex. PC. The Pradhan made a note on Ex. PA pertaining to the information given to him. Thereafter, the Up-Pradhan along with other persons, referred to above, came back to the house of PW 1, Lachhi Dhar Pradhan. Thereafter, as per prosecution case, they went to the house of the accused along with ward member Lachhman. Shri Tek Singh, father of the accused, was there. The room of the house was locked which was got opened by the accused and his mother, Smt. Roma Devi. It was found that Duni Chand was lying there with his face downward in a pool of blood with injuries on his head. The Pradhan thereafter took two locks and locked all the rooms and asked the Up-Pradhan Shri Bali Ram to preserve the spot and he himself along with Indar Singh and Kashmir Singh went to the Police Station, Sarkaghat, where FIR Ex. PD was recorded at 10-30 A.M. on 18-5-92. The occurrence, as recorded in the FIR Ex. PD, is alleged to have taken place at about 8.00 P.M. on 17/05/1992.

(3.) The investigation was conducted and after preparing the inquest the Investigating Officer took various articles from the spot, including some blood stained hair of the deceased. Darat Ex. P6 was alleged to have been produced by the accused which also contained some blood along with some hair. The post mortem was conducted by PW 12, Dr. Ramesh Chauhan, on 19/05/1992 at 1.30 P.M. and on the basis of the opinion of the doctor the deceased died due to brain damage caused by Injury No. 1, as described at page 2 of the post mortem report under the head 'Granium and spinal cord'. The doctor took some parts of stomach, small intestines, heart, liver, spine, kidney in different jars which parts were sent for chemical examination and on the basis of the report of the Chemical Examiner it was revealed that alcohol particles in small intestines, liver, spleen, kidney and heart were found. According to the post mortem report Ex. PD, the probable time that elapsed between injury and death was instantaneous while between death and post mortem was between 24 to 48 houses. On the basis of the report received from Forensic Science Laboratory Ex. PS on record, various articles taken into possession from the spot were found to be having blood on those articles while human blood was found in earth, bamboo basket, pieces of bone, Darat, Pajayama, under-wear, undervest and Dupatta. Blood on the hair of the head of the deceased was found to be of human origin but it was found to be insufficient for other tests. No blood was found on the trousers of the accused. As per result of the microscopic examination the hair of the head of Duni Chand deceased and the hair found on the Darat were the same and, as per report, those hair were found to be human hair. As per Ex PT, liquor contents were found in the stomach, intestines, liver, spleen, kidney and heart of the deceased.