BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.12.2015, rendered by learned Sessions Judge, Tehri Garhwal in Sessions Trial No.19 of 2014, whereby the accused-appellant, who was charged with and tried for the offence under Section 302 of IPC, was convicted and sentenced to undergo life imprisonment under Section 302 of IPC and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of two years.

(2.) The case of the prosecution, in a nutshell, is that on 13.06.2014 a 'Written Tehrir' was given by Veer Singh, S/o Kunwar Singh against the accused Bhagwan Singh at P.S. Muni Ki Reti, District Tehri Garhwal, with the allegations that on 12.06.2014 at about 11:00 PM, with the intention to kill his uncle Balbir Singh, the accused Bhagwan Singh assaulted his uncle with stones and inflicted grievous injuries. The incident was witnessed by PW2 Prem Singh. He informed the younger brother of the deceased about the incident. The accused ran away from the spot. Balbir Singh was brought for treatment to Govt. Hospital, Rishikesh. He died at 01:00 PM. The inquest report was prepared. The body was sent for postmortem examination. The FIR was lodged. The matter was investigated and the challan was put up after completing all the codal formalities. The prosecution has examined as many as ten witnesses in its support. The statement of the accused was recorded under Section 313 of Cr.P.C. He has denied the case of the prosecution. The accused was convicted and sentenced, as noticed hereinabove. Hence, this appeal.

(3.) Learned counsel for the appellant has vehemently argued that the prosecution has failed to prove its case beyond reasonable doubt against the accusedappellant. Learned counsel appearing on behalf of the State has supported the judgment dated 18.12.2015.