HIRABAN SAHANI Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment and sentence passed by learned Additional Sessions Judge, Solan HP in Session Trial No. 06/NL/7 of 2009 titled State of HP v. Hiraban Sahani decided on 30.10.2010.

(2.) BRIEF facts of the case as alleged by prosecution are that accused was working as servant of PW1 Ajeet Singh in village Jharmajari where PW1 Ajeet Singh was having his shop of junk dealer. It is alleged by prosecution that PW1 Ajeet Singh was residing with his deceased wife Chhinder Kaur and accused was also residing in adjoining shed provided to accused by PW1 Ajeet Singh. It is further alleged by prosecution that on dated 26.11.2008 PW1 Ajeet Singh had gone to Chandigarh in connection with court proceedings and his deceased wife Chhinder Kaur and accused were present in the residential shed. It is further alleged by prosecution that PW1 Ajeet Singh came back at about 8.30 A.M on dated 27.11.2008 from Chandigarh and found that his wife was murdered with hammer. It is further alleged by prosecution that accused had committed murder of deceased Smt. Chhinder Kaur wife of PW1 Ajeet Singh with the help of hammer Ext. P6. It is further alleged by prosecution that during investigation blanket Ext. P2, bed sheet Ext. P3, dhoti (Garment) Ext. P8 and nip Ext. P4 were recovered from place of incident and FIR Ext. PW12/B was registered. It is further alleged by prosecution that thereafter investigating agency prepared inquest report Ext. PW1/F and body of deceased was handed over vide memo Ext. PW1/H. It is further alleged by prosecution that after committing murder of deceased Chhinder Kaur accused took away Rs. 12,000/ - (Twelve thousand), mobile phone Ext. P9 and golden ear rings of deceased. It is further alleged by prosecution that on dated 26.11.2008 deceased met PW4 Varun Kumar at Barotiwala and accused told him that accused was going to Chandigarh. It is further alleged by prosecution that after arrest of accused on dated 19.7.2009 accused identified the spot in the presence of PW4 Varun Kumar and PW5 Vishal. It is further alleged by prosecution that call details of mobile phone were obtained and spot map Ext. PW10/A was prepared and jamabandi Ext. PW10/B was obtained. It is further alleged by prosecution that parcels were deposited in the office of FSL Junga. It is further alleged by prosecution that as per testimony of PW16 Dr. Anand Kumar who conducted post mortem of deceased Chhinder Kaur on dated 27.11.2008 the death of Chhinder Kaur could be possible with the help of hammer Ext. P6. It is further alleged by prosecution that photographs of dead body Ext. PW18/A to Ext. PW18/H and Ext. PW18/J to PW18/M were took with digital camera. Charge was framed against accused under Section 302 IPC by learned Additional Sessions Judge Solan camp at Nalagarh on dated 9.6.2010. Accused did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: - -