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2015 Supreme(HP) 1492

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma, Sureshwar Thakur, JJ.
Rajiv Sharma & another - Appellants
Versus
State of Himachal Pradesh - Respondent
Cr. Appeal No. 421 of 2012
Decided on : 14.12.2015

Advocate Appeared:
For the appellants:M/S Chander Shekhar Sharma and Nishi Goel, Advocates for respective appellants.
For the respondent: Mr. M.A.Khan, Addl. AG.

JUDGMENT :

Justice Rajiv Sharma, J.

This appeal is instituted against the judgment and order dated 28.7.2012 and 2.8.2012, respectively, rendered by the learned Addl. Sessions Judge, Ghumarwin, Distt. Bilaspur, H.P., in Sessions Trial No. 15-7 of 2011, whereby the appellants-accused (hereinafter referred to as the accused), who were charged with and tried for offences punishable under Sections 120-B, 302 and 201 IPC, have been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/- each under Section 302 IPC. They were also sentenced to suffer rigorous imprisonment for a period of seven years and to pay fine of Rs. 3,000/- each for the offence punishable under Section 201 IPC. Both the sentences were ordered to run concurrently. In lieu of default of payment of fine, they were further ordered to undergo rigorous imprisonment for two months each under both the counts.

2. The case of the prosecution, in a nut shell, is that accused Reshma Devi lodged missing report Ext. PW-26/A of her late husband Balak Ram (hereinafter referred to as the deceased) on 22.5.2011, at about 1:05 PM with Police Station Talai. Jiwan Kumar PW-1, brother of deceased was informed by his wife Meena Kumari (PW-21) on 21.5.2011 over telephone that deceased had gone to duty on 20.5.2011 but he did not return to his house after duty. Jiwan Kumar came to the Village Badgaon on 22.5.2011 from Ludhiana. On 23.5.2011 and 26.5.2011, he went to the Police Station to enquire about the whereabouts of the deceased. Balak Ram deceased was not found and then report Ext. PW- 1/A was lodged by Jiwan Kumar with the police on 28.5.2011. The deceased was part-time worker in Ayurvedic Dispensary, Dohak. On 20.5.2011, he had gone to attend his duties in the dispensary but did not return. Accused Rajiv Sharma used to visit the house of Balak Ram for the last one and a half year in the absence of deceased and his children. He used to serve liquor to the deceased. He was also having illicit relations with accused Reshma Devi, wife of the deceased. He had given one mobile phone to accused Reshma Devi. The mother of deceased, Juga Devi (PW-3) had deterred accused Rajiv Sharma few days back prior to the occurrence from visiting the house of deceased and thereafter accused stopped visiting the house. Accused Reshma Devi left the house on 20.5.2011, in the morning, in order to go to the house of her maternal Uncle at Thana Kalan to condole the death of her maternal cousin. She did not come back to the house on 20.5.2011 and she returned on 21.5.2011 at about 6:30-7:00 AM. Amrit Lal (PW-4) on 20.5.2011 after finishing his work was on his way to house and met Balak Ram at place Binkhiu Bawri at 7:00-7:15 PM and deceased had given three small packets containing the medicines as his son, namely, Munish Kumar, was suffering from dysentery. The deceased told Amrit Lal (PW-4) that he was to go to Proiyan with accused Rajiv Sharma. Amrit Lal (PW-4) handed over the medicines to the daughter of deceased, namely, Shalu. Balak Ram (deceased) also told his son Munish Kumar (PW-6) on 20.5.2011 while leaving the house that he would not return on that day and would go with accused Rajiv Sharma. Accused Rajiv Sharma got a bottle of liquor through Raj Kumar (PW-18) on 20th and proceeded towards Binkhiu Bawri. PW-16 Shakti Chand marked absence of Balak Ram (deceased) in the attendance register after 20.5.2011 and sent the absent report Ext. PW-16/A to Distt. Ayurvedic Dispensary. PW-5 Julfi Ram had seen accused Rajiv Sharma and Balak Ram on 20.5.2011 at about 7:30-7:45 PM at Binkhiu Bawri going towards Dam side and Balak Ram (deceased) contacted accused Rajiv Sharma on telephone of Thakuri Devi. The call did not mature and then he talked on mobile of Prem Lal. Balak Ram (deceased) worked till 6:30-7:00 PM on 20.5.2011 on the stone crusher of Thakuri Devi. Accused Reshma Devi visited the shop of Ranjana (PW-9) and purchased a pair of sandals and left by saying t
























































































































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