Sanjay Karol, J. - (1.)CONVICT has assailed the judgment dated 7.5.2008, passed by Additional Sessions Judge, Solan, Camp at Nalagarh, in Sessions Trial No. 14 -NL/07 of 2007, titled as State of Himachal Pradesh v. Shiv Kumar Yadav, whereby appellant -accused (hereinafter referred to as the accused) stands convicted and sentenced to undergo imprisonment for life and pay fine of Rs. 10,000/ - in relation to offence punishable under the provisions of Section 302 of the Indian Penal Code; and to undergo rigorous imprisonment for five years and pay fine of Rs. 5,000/ -, in relation to offence punishable under the provisions of Section 458 of the Indian Penal Code, in default of payment of fine, accused to further undergo simple imprisonment for a period of one year, in relation to each of the offences.
(2.)IN brief, it is the case of prosecution that accused used to visit Shamshad, tenant of Dildar Mohammad (P.W. 1), in village Harraipur, Tehsil Nalagarh, District Solan, Himachal Pradesh. Relations between them were not cordial. On 6.6.2007 at about 5.30 a.m., one Rattan Lal came to the house of PW -1 where he noticed Salim lying in a pool of blood. Rattan Lal raised alarm. Salim was immediately rushed to the hospital at Nalagarh, where he was declared dead. Information was passed on by the Medical Officer, Nalagarh, to Police Station, Baddi. Police party, headed by SI R.S. Thakur (Investigating Officer), HHC Jasbir Singh, HC Sewa Singh, Constable Ashok Kumar, rushed to the hospital. Information was recorded in the Daily Diary (Ex. PW -7/A). Inquest report (Ex. PW -2/A) prepared and dead body of Salim (hereinafter referred to as the deceased) sent for postmortem. Statement of Dildar Mohammed (PW -1) father of the deceased, under provisions of Section 154 of the Code of Criminal Procedure (Ex. PW -1/A) was recorded in the hospital. Ruka (Ex. PW -8/A) was prepared and sent to the police station, Baddi, District Solan, H.P., where FIR No. 88/07, dated 6.6.2007 (Ex. PW -7/B), under the provisions of Section 302 of the Indian Penal Code, was registered.
Police party thereafter proceeded to the spot of crime and conducted necessary investigation. Blood stained bed sheet and other clothes of the deceased were taken into possession. Sample of blood was also collected from the spot. After completing necessary formalities, articles were sent to the Forensic Science Laboratory for analysis from where report (Ex. PW -12/A) was obtained. Blood found on the spot and the clothes was found to be of a human being. Postmortem of dead body was conducted by Dr. Seema Singh Panwar (PW -13) at Civil Hospital, Nalagarh, and report (Ex. PW -13/A) taken on record by the police, which revealed that deceased had died due to strangulation and pneumothorax (stab injury). On suspicion, police arrested the accused on 8.6.2007, who made disclosure statement on 12.7.2007 (Ex. PW -4/A), in the presence of Shri Ram (not examined) and Shyam Lal (PW -4), on the basis of which weapon of offence, i.e. Khukhari and its cover (Ex. PW -5/A and Ex. PW -5/B) were recovered by the police in the presence of Neel Kamal Sharma (PW -5) and Prem Chand. Clothes of the accused, i.e. shirt (Ex. P -6) and Pants (Ex. P -7), allegedly concealed by him, were recovered vide Memo (Ex. PW -6/A) in the presence of Raj Kumar and Nigahu. As per report of the Forensic Science Laboratory (Ex. PW -12/A), human blood was found on Khukhari and its cover. Thus, based on the material, so collected, with the completion of investigation, challan was presented in the Court for trial.

(3.)ACCUSED was charged for having committed an offence, punishable under the provisions of Sections 302 and 458 of the Indian Penal Code, to which he did not plead guilty and claimed trial.