SUKHDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Sukhdev Singh, hereinafter referred to as the accused, has assailed the judgment dated 8.10.2012, passed by Additional Sessions Judge, Fast Track Court, Una, District Una, Himachal Pradesh, in Sessions Case No. 28 -VII/2011 (Sessions Trial No. 28/2011), titled as State of Himachal Pradesh v. Sukhdev Singh, whereby he stands convicted of the offence punishable under the provisions of Section 302 of the Indian Penal Code, and sentenced to undergo imprisonment for life and pay fine of Rs. 25,000/ - and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) IT is the case of prosecution that on 11.4.2011, accused Sukhdev Singh went to Police Station, Amb and got recorded Rapt (Ex. PW -10/A), to the effect that he had murdered his wife. Inspector Gurdeep Singh (PW -13) alongwith other police officials visited the house of the deceased, situated in village Baheri and found dead body of a lady, with a Chunni around her neck, lying on the bed. The dead body was identified to be that of Ashi by the Up Pradhan Rakesh Lath (PW -2) and Jagat Ram (PW -1) (father of the deceased). On the spot, statement of Jagat Ram (Ex. PW -1/A) was recorded, on the basis of which FIR No. 48, dated 11.4.2011 (Ex. PW -11/A), under the provisions of Section 302 of the Indian Penal Code, was registered at Police Station, Amb, District Una. Inquest report (Ex. PW -3/A) was prepared on the spot. Dead body was taken into possession. Also Chunni (Ex. P -1) was taken into possession vide Memo (Ex. PW -2/A). Dr. Ravi Sharma (PW -15) and Dr. S.K. Bansal, conducted the postmortem of the dead body and report (Ex. PW -15/A) taken on record. Blood stained clothes were sent for chemical analysis to the Forensic Science Laboratory and report (Ex. PW -13/D and 13/E) obtained. Investigation revealed that the accused suspected his wife of having illicit relationship and out of humiliation, murdered her. With the completion of investigation, which, prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 17 witnesses and statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded, in which he took defence of innocence and false implication.