PRAKASH CHAND Vs. STATE OF H P

JUDGEMENT

(1.) The present appeals are maintained by the appellants/convicts/accused (hereinafter referred to as "the accused persons") , laying challenge to judgment dated 15.06.2016, passed by learned Sessions Judge (I) , Mandi, District Mandi, H.P., Camp at Karsog, in Sessions Trial No. 16 of 2014, whereby accused Prakash Chand was convicted and sentenced for the commission of the offence punishable under Section 302 and 201 read with Section 120B of Indian Penal Code, 1860 (hereinafter referred to as "IPC") and accused Bheem Singh was convicted and sentenced for the commission of the offence punishable under Sections 201 and 120B IPC.

(2.) The gravamen of the prosecution story, whereupon, the accused persons were sent to face Trial before the Learned Trial Court can tersely be summarized as under: On 28.05.2014, one Shri Mahinder Singh (complainant) telephonically informed police of Police Station, Karsog, that Prakash Chand and Bheem Singh (accused persons) were loading a bale (ghatari) in his vehicle, outside Prakash Chicken Corner, Nayara, Karsog, and when he inquired from them that what is there in the bale, the accused persons took the bale inside the chicken corner and accused Prakash Chand closed shutter of the shop. The complainant further informed that accused Bheem Singh fled away from the spot, so he got suspicious that there may be dead body of a person inside the bale. On the basis of the above information, a police team headed by SHO Rajesh Kumar rushed to the spot and shutter of Prakash Chicken Corner was found closed from inside. Police in the intervening night of 28/29.05.2014, around 12:00 a.m. got opened the shutter of the shop from inside and the complainant identified accused Prakash Chand. There was a bale lying on the floor of the shop, which was covered with yellow and red cloth and it was tied with blanket, which was chocolate in color. On checking, a dead body of a woman, namely Narbada, wife of accused Prakash, was recovered. SHO recorded the statement of the complainant under Section 154 Cr.P.C. and the same was sent, through Constable Rajesh Kumar, to Police Station Karsog, whereupon FIR against the accused persons was registered. Thereafter, the investigation ensued and the police took into possession the dead body alongwith blanket, clothes etc. and, sealing formalities were also completed. Dupatta (chunnri) , quilt cover and quilt were also taken into possession and the same were also sealed in a parcel and its sample seal was taken on a separate piece of cloth. Registration certificate of the shop was obtained and the spot map was prepared. Post mortem of the dead body was conducted. During the course of investigation, accused Prakash Chand made a disclosure statement under Section 27 of The Indian Evidence Act and led the police team to his chicken corner, wherefrom he got recovered a stick (danda) from a wooden almirah, which was taken into possession. As per the medical opinion, the injuries on the person of the deceased were possible with danda. Revenue record qua the shop of the accused Prakash Chand was also obtained. The accused persons were medically examined and the spot was photographed and videographed. Statements of the witnesses were recorded and scientific evidence collected from the spot was sent to forensic analysis to RFSL, Mandi. It was unearthed in the investigation that on 28.05.2014, around 10:30 p.m., accused Prakash Chand intended to hire the taxi of complainant at village Nayara (Karsog) on fair of Rs. 200/- (rupees two hundred) . Subsequently, both the accused persons brought a bale from the shop of accused Prakash Chand, which was wrapped in a blanket, and when the complainant asked what is inside the bale, accused Bheem Singh fled away from the spot and accused Prakash Chand closed the shutter of the shop. Thus, it was concluded that accused Prakash Chand committed the murder of his wife and accused Bheem Singh has conspired with him to cause disappearance of the dead body of the deceased from the spot to save accused Prakash Chand. After conclusion of investigation, challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as seventeen witnesses. Statements of the accused persons were recorded under Section 313 Cr.P.C., wherein they pleaded not guilty. However, the accused persons did not lead any defence evidence.