PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was convicted under 302 IPC for having committed the murder of his nephew Hoshiar Singh on 3.11.1995 at 7 a.m. in the common courtyard of the house belonging the appellant and his brothers in Dodhwan village within the jurisdiction of Sundernagar Police Station, Mandi District, by the Sessions Judge, Mandi, who sentenced him imprisonment for life and pay a fine of Rs. 4,000/- in default undergo imprisonment for one year. The High Court has confirmed the said sentence, hence, the appellant is before us in this appeal.

(2.) The fact that there was a fight in the morning of 3.11.1995 other is an admitted fact. Pursuant the said fight, it is also admitted by the appellant that he went his house and brought his licenced gun and started walking wards the house of the Pradhan of the Village.

(3.) Then the prosecution contends, the appellant after getting the gun, went the house of the deceased where he was locked in a room of his house by his family members prevent any further fight, there the appellant shot the deceased through the window, consequent which he died. The appellant contends that when he was walking the house of Pradhan, PW-2 confronted him and tried snatch his gun, consequent which there was a scuffle and the gun discharged accidentally, and in that process, the bullet went through the window and hit the deceased which caused his death, therefore, he was not responsible for his death.