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High Court Of Himachal Pradesh
LOKESHWAR SINGH PANTA,M.R.VERMA
NARESH KUMAR - Appellant
Versus
STATE OF H.P. - Respondent
Criminal Appeal No. 8 of 2002
Decided On : 05/14/2004
Indian Penal Code - Conviction under Sections 302, 201 and 498-A - Summary of Acts and Sections
Fact of the Case:
The case involved the conviction of the accused under Sections 302, 201, and 498-A of the Indian Penal Code for the murder of his wife. The prosecution's case was based on the deceased's death due to suffocation caused by asphyxia as a result of smothering by the accused. The accused denied the prosecution's case and claimed that the deceased committed suicide by hanging.
Finding of the Court:
The court found that the death of the deceased was not suicidal but homicidal, as per the medical opinion and the accused's own statements. The court also found that the accused had motive and opportunity to commit the murder, and his conduct after the incident was incriminating. The court concluded that the accused was guilty of the murder of the deceased.
Issues: The main issues were whether the death of the deceased was homicidal or suicidal, and if homicidal, whether the accused was responsible for her death.
Ratio Decidendi: The court relied on medical opinion, circumstantial evidence, and the accused's own statements to establish the homicidal nature of the death and the accused's guilt. The court also considered the motive, opportunity, and conduct of the accused to support its decision.
Final Decision: The court maintained the conviction and sentence of the accused under Sections 302 and 201 of the Indian Penal Code, but set aside the conviction and sentence under Section 498-A.
M.R. Verma, J.—This Jail appeal is directed against the judgment dated 19.10.2001 passed by the learned Sessions Judge, Mandi, whereby the appellant/accused (hereafter referred to as the accused) has been convicted under Sections 302, 201 and 498-A of the Indian Penal Code and has been sentenced to imprisonment for life and fine of Rs. 5,000/- and in default of payment of fine to undergo rigorous imprisonment for six months under Section 302 IPC, imprisonment for one year and fine of Rs. 2,000/- and in default of payment of fine to undergo rigorous imprisonment for two months under Section 201 IPC and to undergo rigorous imprisonment for two years and fine of Rs. 2,000/- and in default of payment of fine to undergo rigorous imprisonment for two months under Section 498-A IPC.
2. Case of the prosecution in brief is that Sita Devi (since deceased and referred to as such hereafter) daughter of Dropti Devi (PW-2) and sister of Santoshi Devi (PW-7) was married to the accused 14/15 years before. One daughter and one son were born out of the wedlock. The deceased was kept by the accused nicely for about 2/3 years but then he started beating her. This fact was brought to the notice of PW-2 and PW-7 by the deceased, who was advised by them to stay in the matrimonial house because she had been blessed with children. The deceased used to visit her mother after 3 or 4 months and on such visits had been complaining about the harassment and beating by the accused. Once the acts of harassment and cruelty by the accused to the deceased were reported to the police vide complaint Ext. PO but because of a compromise complaint was filed by HC Lal Chand (PW-11) vide endorsement Ext. PP. About a year before her death, the deceased had come to her mothers house and was staying there when the accused came and took her to his house. On 1.4.2000 PW-2 initially learnt that the deceased was seriously ill and later came to know that she had died. On coming to know about the death of the deceased PW-2 went to the house of the accused where Sita Devi (PW-3) Pradhan of the Gram Panchayat and Ashok Kumar (PW-4) were also present. On inquiries, the accused had claimed that the deceased had committed suicide by hanging. PW-2 being suspicious lodged report Ext. PS asking for inquiry into the matter. Subsequently her statement Ext. PH was recorded under Section 154 Cr.P.C. on the basis of which F.I.R. Ext. PN under Sections 306 and 498-A, IPC, was recorded at Police Station, Jogindernagar and investigation followed. ASI Bishan Dass (PW-13) after visiting the spot got the dead body photographed by Bhagirath (PW-8) negatives whereof are Exts.PM/9 to PM/16 and the developed photographs are Exts.PM/1 to PM/8. Two tied Dupatas produced by the accused from the spot were taken in possession vide memo Ext. PA. PW-13 prepared the inquest reports Exts. PB and PC and sent the dead body for post mortem examination which was conducted by a team of three Doctors in Civil Hospital, Jogindernagar and one of the members of such team was Dr. Ashwani Kumar (PW-1). As per the post mortem report Ext. PE, it has been opined that the deceased died of suffocation caused by asphyxia as a result of smothering. Viscera of the deceased and her wearing apparels were preserved and sent for chemical analysis and as per the report of the Chemical Examiner Ext. PF poison or alcohol were not detected in the said articles. At the time of conducting the post mortem examination photographs of the dead body were also got taken negatives whereof are Exts.PD/3 and PD/4 and the photographs are Exts.PD/1 and PD/2. While in custody the accused on interrogation by S.I. Parkash Chand (PW-14) made a disclosure statement Ext.PL about having kept concealed a pillow in the room of his house and pursuant to such statement he got recovered a pillow from the room i.e. the place of occurrence which was taken into possession vide memo Ext. PK. During investigation, the complaint lodged by the deceased agains
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