2023 Supreme(HP) 598
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, RANJAN SHARMA, JJ.
Shupa Ram - Appellant
Versus
State of Himachal Pradesh - Respondent
Cr. A. No. 345 of 2019
Decided on : 22-09-2023
Advocates Appeared:
For the Appellant :Mr. L. N. Sharma, Advocate.
For the Respondent: Mr. I. N. Mehta, Sr. Addl. A.G. with Ms. Sharmila Patial, Addl. A.G., Mr. J. S. Guleria, Dy. A.G and Mr. Rajat Chauhan, Law Officer
Absence of motive does not negate direct evidence of guilt in murder cases as established through testimonies and circumstantial evidence.
Headnote:(A) Indian Penal Code, 1860 - Section 302 - Conviction for murder - Appellant convicted for life imprisonment for killing his wife and sentenced to pay a fine - The prosecution established motive, means, and opportunity through witness testimonies and circumstantial evidence. (Paras 20-30)
(B) Criminal Procedure Code, 1973 - Section 313 - Statements of accused - Accused's failure to invoke mental illness defense during trial undermined his credibility. (Paras 25-29)
(C) Legal principles regarding absence of motive established - Lack of motive does not negate direct evidence of guilt. (Paras 22-24)
Facts of the case:
The appellant was convicted for murdering his wife, following a violent incident reported by their son. Evidence indicated strained relations and the accused's confession.
Findings of Court:
The trial court found the prosecution's evidence sufficient to convict the appellant based on circumstantial evidence, including intent, opportunity, and witness statements.
Issues: The main issues included the adequacy of the prosecution's evidence and the mental state of the appellant.
Ratio Decidendi: The court ruled that evidence presented was compelling; absence of a clear motive does not prevent conviction if direct evidence is available.
Result: Appeal dismissed.
JUDGMENT :
Tarlok Singh Chauhan, J.
The appellant has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- for the commission of an offence punishable under Section 302 IPC and in default of payment of fine, to further undergo simple imprisonment for six months and aggrieved thereby has filed the instant appeal.
2. The case of the prosecution, in brief, is that the appellant was a resident of village Bas Khaniyar, Tehsil Paonta Sahib, District Sirmaur, H.P and had been residing there alongwith his wife Smt. Satya Devi (hereinafter referred to as deceased). They had five children from the wedlock, who were residing with their uncle, namely, Shri Partap Singh in village Jakhal. The eldest son Shri Virender Singh (hereinafter referred to as complainant), was a student of 10+H2 at the relevant time.
3. On 19.5.2015, the complainant, after school hours came to his parents. The deceased being his mother disclosed that she was beaten up by the appellant. The complainant made inquiries from the appellant about this episode and the appellant admitted the occurrence and assured that such conduct would not be repeated in future. After taking their meals, all the three went to bed.
4. On the next morning, the appellant asked the complainant to go to village Jakhal to arrange money as his mother was to be medically checked up. The complainant started his journey at 6.30 A.M. and before he could reach village Jakhal, his uncle Shri Surat Singh met him on the way and the complainant narrated the purpose of his visit to him. Shri Surat Singh accompanied the complainant and they returned to village Bas Khaniyar and his uncle told that they would make arrangement of money on the way itself. It was at about 9.30 A.M., when the complainant and his uncle Shri Surat Singh reached near the cattle shed belonging to the appellant and found the deceased lying in a pool of blood. There were injuries on her forehead and her hair was blood soaked. Two blood-stained stones were also lying nearby the cattle shed. Both of them picked up the deceased and took her to the kitchen and found that she was already dead. When the complainant and his uncle entered the house, they found the appellant sleeping. Both of them woke up the appellant and inquired about the fact as to what had happened to the deceased. The appellant allegedly disclosed that he had killed her by giving her stone blows.
5. On finding this, Shri Surat Singh made a call to his brother Shri Partap Singh and intimated him about the incident and on this, Partap Singh further informed the police at Police Station, Shillai telephonically and rapat No. 13-A was entered by the police in Police Station, Shillai. SI/SHO Shri Ram Chand accompanied by other staff immediately proceeded to the spot, where he recorded the statement of complainant under section 154 Cr.PC., and sent the same to Police Station, Shillai for registration of FIR. An FIR under section 302 IPC was accordingly lodged. The dead body was immediately shifted to CHC Shillai and postmortem conducted upon the same by the Medical Officer. The Investigating Officer prepared the site plan of the place of occurrence on 20.5.2015 itself. On 21.5.2015, Investigating Officer handed over the dead body to the complainant and his uncle Shri Surat Singh for cremation.
6. On 21.5.2015, during interrogation the appellant disclosed that he had scuffle with his wife in the house, where after she ran towards the cattle shed but the appellant gave a stone blow on her back, as a result of which she fell down and thereafter, appellant picked up another stone and gave a fatal blow on her forehead causing her death. The Investigating Officer prepared the memo in this behalf and collected the stones. Further investigation was done and the statements of witnesses were recorded accordingly. The blood-stained clothes of the deceased and stones etc. were deposited with MHC, Police Station, Shillai. The postmortem report wa
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