- (1.) Accused Prem Lal alias Premu has assailed the judgment of Sessions Judge, Chamba in Sessions Trial No. 6 of 1988 dated 29th October, 1988 whereby he has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 4,000. In default of payment of fine, the accused has been sentenced to undergo further imprisonment for three years.
(2.) The prosecution case, briefly, is that during the night intervening 6th and 7th of December, 1987 deceased Mst Prabhi was found dead in her room in village Tikri, Pargana Manjeer, District Chamba. In the morning of 7th December, 1987, Musaddi (PW 10) informed Porkhi Ram, Pardhan (PW 3) about the death of Mst. Prabhi. He asked Musaddi (PW 10) to report the matter to the police. Porkhi Ram, Pardhan went to village Tikri and asked the villagers to guard the dead-body. On return, Musaddi (PW 10) stated that although there were Constables at the Police Station, however, there was not Head Constable or Assistant Sub-Inspector. He was directed by the police to report the matter at Police Station, Kihar. Since he had no money to go to Kihar, he returned to the village.
(3.) On 8th December, 1987, Ghunghri (PW 1) was informed by one Yusaf and she came to village Tikri There, she was asked by Porkhi Ram, Pardhan to report the matter to the Police Accordingly, she went to Police Station, Kihar and reported the matter there alongwith one Jai Krishan (Ex. PA). Constable Sarv Lal was deputed alongwith them to guard the dead-body and other things at the spot. The Station House Officer reached the spot on th December, 1987 at about 9.30 a.m.;