IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Tarlok Singh Chauhan & Chander Bhusan Barowalia, JJ.
Gaurav Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
Cr.A. No. 408 of 2014 with Cr.A. No. 507 of 2015
Decided On : 04-11-2016
Tarlok Singh Chauhan, J.
These appeals are directed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge-II, Una, District Una, in Session Trial No. 30/2011, whereby the appellants have been convicted and sentenced to undergo imprisonment for life and to pay fine Rs.10,000/- each under Section 302 of the Indian Penal Code (for short ‘Code’) and in default of payment to further undergo rigorous imprisonment for a period of one year. They are further sentenced to undergo rigorous imprisonment for a period of five years and pay fine Rs.3000/- each under Section 392 of the Code and in default to further undergo simple imprisonment for six months. All the sentences shall run concurrently and the period of detention undergone has been ordered to be set of under Section 428 Cr.P.C.
2. The prosecution story, in brief, is that on 26.4.2011, at about 11:30 p.m., Pardhan of Gram Panchyat, Bathri telephonically informed the police that a woman had been stabbed by some unknown persons who came on motorcycle and after stabbing the lady had fled away towards Punjab side. On the basis of this information rapat Ex.PW2/A entered in Police Station, Haroli and SI/SHO Shakti Singh Pathania (PW48) along with ASI Ashok Kumar, PSI Nishant Kumar, C. Deepak Kumar and HHG Piare Lal proceeded to the spot in the government vehicle No. HP-20C-0507 and visited the spot. They found a woman stained with blood and injuries on her stomach and other parts of the body lying on the bed box in the verandah of sweet shop of Chaman Lal (PW1) by that time the woman had already died. Chaman Lal, husband of deceased got his statement Ex.PW1/A recorded under Section 154 Cr.P.C. to the effect that he is running a shop of halwai in bus stand, Bathri for the last 12-13 years and he used to sleep in the shop daily during the night. On 26.4.2011, at around 9:30 p.m. his wife (deceased) had come to the shop for providing dinner to him and after taking dinner he had gone to answer the call of nature at the distance of about 100 meters from the shop and while he was washing his hands at a distance of about 50 meters from the shop, he heard the cries of his wife Swarni Devi and he rushed to the shop where he saw two boys coming out of the shop who then fled away on motorcycle towards Garhshankar side. He went inside the shop and found his wife lying in blood stained condition and the Galla (chest) of the shop was opened and on checking it was found that Rs. 2000/- to Rs.2500/- were missing from the Galla. Thereafter, his Babhi Bholi Devi came on the spot and they both put Swarni Devi on the bed box but she had died. Later on, the villagers and Pardhan of lower panchayat also came to the spot. On the statement of complainant case under Sections 392, 302 read with 34 of the Code was registered vide FIR Ex. PW33/A at Police Station, Haroli. SHO Shakti Singh Pathania conducted the investigation of the case on 27.4.2011. Ashok Kumar Videographer (PW13) visited the spot and conducted the videography of the spot. Site plan was prepared by the I.O. Ex.PW48/B on the identification of the witnesses. The blood stained leaves, ball pen, one coin of 50 paise and currency note of Rs.10/- were found and put in plastic container and were taken into possession vide memo Ex.PW2/A. Control sample of concrete was lifted from the spot and put in plastic contained vide memo Ex.PW2/B. The blood was lifted from the shop and verandah and taken into possession vide memo Ex.PW2/C. The wooden box (galla) was taken into possession vide Ex.PW2/D. Specimen of the seal Ex.PW2/E was taken on piece of cloth and seal after use was handed over to witness Satish Kumar (PW2). Dead body was examined through LC. Ramana (PW26) and form Nos. 25, 35 A & B Ex.PW4/A and application for postmortem Ex.PW25/A was prepared. The postmortem was conducted by PW29 Dr. Sanjay Mankotia, which reveal that deceased died due to hemorrhagic shock subsequent to multiple wounds and duratio
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