KHEM CHAND Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-4-63
HIGH COURT OF HIMACHAL PRADESH
Decided on April 29,1997

KHEM CHAND Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Referred Judgements :-

RAHIM BEG VS. STATE OF UTTAR PRADESH [REFERRED TO]
HERAMBA BRAHMA VS. STATE OF ASSAM [REFERRED TO]
STATE OF HARYANA VS. RAJINDER SINGH [REFERRED TO]
AMIN VS. STATE [REFERRED TO]


JUDGEMENT

R.L.KHURANA, J. - (1.)THE appellant Khem Chand stands convicted for the offence under Section 302, Indian Penal Code, by the learned Sessions Judge, Mandi, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -, vie judgment dated 18.11.1996. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for a further period of three years. Out of the amount of fine, if recovered, an amount of Rs. 5000. - has been ordered to be paid to PW Soma Devi, the widow of the deceased Tara Chand.
(2.)BRIEFLY stated, the prosecution story is this. The deceased Tara Chand, a resident of village Prain Langna, Tehsil Jogindernagar, District Mandi, was working as a Beldar with the Irrigation and Public Health Department in its Makrerhi Section. Everyday he used to return home after his duty. On 21.10.1995, he failed to return home till about 10 p.m. His wife, PW Smt. Soma Devi, after having waited for him ultimately took her meals and retired to bed taking that the deceased Tara Chand might have been detained on duty since the previous day also he had not returned home in the evening as usual. At about 10 p.m. or 10.30 p.m. PW Rajesh Kumar, a resident of the same village, came to her to intimate that as per the telephonic message received, her husband was lying injured near the cowshed of the appellant and that she should carry him home. PW Smt. Soma Devi accompanied by PW. Rajesh Kumar went to the spot and found her husband lying on the village path near the cowshed of the appellant, covered with a "Pattu". On removing the "Pattu" she noticed multiple injuries on the person of her husband, who did not respond to her calls, as he was dead by that time. PW Some Devi then called for the appellant. On the appellant arriving at the spot, he was asked as to who had killed the deceased Tara Chand. The appellant is alleged to have told Smt. Soma Devi that he had found the deceased Tara Chand sleeping on his cot in the verandah of his house. He had thrown the deceased down given beatings to him with the help of a "danda". This statement is further alleged to have been made by the appellant in the presence of ;PW Sant Singh, Pradhan and one Bahadur Singh.
(3.)THE information was given to the police by PW Rajesh Kumar. The police came to the spot and recorded the statement of Smt. Soma Devi under Section 154, Code of Criminal Procedure. In her statement made to the police, PW Smt. Soma Devi stated that the appellant had been suspecting the fidelity of his wife and he had been giving beatings to his wife on this account. PW Smt. Soma Devi expressed a suspicion that the appellant might have killed her husband on account of the doubt that the deceased might have been having illicit relationship with his wife.
During the course of investigation of the case by PW ASI Ram Singh, on a personal search having been carried out of the dead body, currency notes worth Rs. 1050/ - alongwith one handkerchief were recovered and taken into possession. Blood stained earth, pillow cover and bed sheet wee also taken into ;possession. The necessary spot memo was prepared.



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