SUBHASH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge (Fast Track Court), Chamba whereby the appellants have been found guilty of having committed an offence punishable under Sections 302/34 IPC and have been sentenced to undergo life imprisonment and to pay fine of Rs. 20,000/- each. In default of payment of fine they have been directed to undergo further rigorous imprisonment for 2 years.

(2.) THE brief facts of the case that the deceased Rajan was married to one Smt. Sita who is the sister of the three appellants. Sita along with her minor son Surya had come to her parental house at village Jolna on 9.12.2001. Deceased Rajan joined his wife and child at the house of his in -laws on 10.12.2001. These facts are not disputed. 2 -A.According to the prosecution, Rajan wanted to take his wife and child back to his house at Chalwara, Tehsil Jawali. The accused persons, being brothers of the wife, refused to send her with him. Thereafter, on the evening of 11.12.2001 the three appellants along with deceased Rajan are stated to have consumed liquor in their own house. It is alleged that they abused Rajan who did not respond. Thereafter, two of the accused Kuku and Bindu caught the deceased by his legs and arms and accused Subhash brought the weapon of offence i.e. a ˜barchi Ext.P -1 from the back of the house and gave blow with the barchi on the left side of the chest of the deceased Rajan. The deceased died on the spot. Thereafter, the three appellants took the dead body of the deceased to the back of their house whereas the wife Sita took her son PW -1 Surya who had witnessed the entire occurrence to another room where he was confined.

(3.) ON the next day i.e. 12.12.2001 the accused persons sent intimation to Amar Singh, PW -3 father of the deceased intimating him about the dead of his son. Amar Singh along with Tilak PW -2 and other members came to village Jolna. The body of deceased Rajan had been placed in the courtyard of the house of the accused. According to the prosecution, when Amar Singh father of the deceased, inquired as to how his son has died the accused persons informed him that on the previous day the three appellants along with the deceased had gone for hunting. The deceased was carrying some ammunition for hunting purpose. The deceased fell down and the explosive substance exploded and as a result the deceased died. The parents and brother of the deceased believed the version of the accused and brought the dead body to their house at village Chalwara. Sita, wife of the deceased, and PW -1 Surya, minor son of the deceased, also accompanied them to their village. Body of the deceased was placed in a coffin and buried near the house of Amar Singh.