JHAPTU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal appeal has been preferred against the impugned judgment and order dated 4.12.2009 passed by the High Court of Himachal Pradesh at Shimla dismissing the Criminal Appeal No. 104 of 2007 and affirming the judgment and order of Fast Track Court, Mandi (H.P.) in Session Trial Nos. 32 of 2004 and 80 of 2005 by which and where under, the Appellant stood convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the 'Indian Penal Code') and has been awarded life sentence alongwith a fine of Rs. 10,000/-, in default of payment of fine, to further undergo one year imprisonment.

(2.) Facts and circumstances giving rise to this appeal are as follows:

(3.) Shri T.V.S. Raghavendra Sreyas, learned Counsel appearing on behalf of Ms. Urmila Sirur, learned Amicus Curiae, has submitted that the prosecution has not led any evidence to show that the offence committed by the Appellant was pre-mediated. Nor it has been established by leading an evidence that after picking an altercation with the deceased, the Appellant gone into the house and brought a gun. In this respect, there is no evidence on record and it is a case wherein the Appellant could be convicted under Section 304 Part-I Indian Penal Code.