THE STATE OF HIMACHAL PRADESH Vs. ANCHLA @ CHANCHLA

JUDGEMENT

(1.) This appeal impugns the judgment and order of the High Court [ The High Court of Himachal Pradesh at Shimla] dtd. 28/7/2014 whereby the appeal [ Criminal Appeal No.28 of 2013] of the respondent-accused was allowed and the order of the trial court [ Court of Session, Chamba] dtd. 7/11/2012, passed in Sessions Trial No. 48 of 2011, convicting and sentencing the respondent, under Sec. 302 of the Indian Penal Code, 1860 [ IPC], was set aside.

(2.) On 7/9/2011, Bhagi Ram (PW-1) informed the police that his daughter, Mithilesh Kumari, deceased No.1 (D-1), had been missing for last 6-7 days, and her house was lying locked. The report mentioned emission of foul odour from her house. Upon registration of the report, the police team entered the house, allegedly after breaking the lock, and found two dead bodies, one of D-1 and the other of her minor son, Bhupinder Singh (D-2). Autopsy revealed that the death was homicidal, due to strangulation, which might have occurred 5 to 7 days before.

(3.) Prosecution case was that D-1 was second wife of Amar Singh. Accused Anchla alias Chanchla (respondent herein) was born from Amar Singh 's first wife who died several years ago. After demise of his first wife, Amar Singh married D-1; in the wedlock, D-2 was born. Both D-1 and D-2 resided at Diur. Anchla used to stay at Chamba, though she had been visiting her step-mother (D-1) every 2-3 months. In the evening of 31/8/2011, when PW-1 visited D-1 's house, he noticed the accused present there. Besides, D-1 had informed PW-1 that the accused would be staying overnight with her. Next day, doors of D-1 's house were found locked. PW-1 thought that D-1 may have left to visit some place. But when the deceased did not return for 6-7 days, and foul odour started effusing from the house, the police was informed. Whereafter, police broke open the lock and found bodies of D-1 and D-2. Based on those events, Anchla (i.e., the accused-respondent) was the prime suspect of committing those murders to grab the property of her father which he had bequeathed to D-2.