ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Kuldip Chand Sood, J.: Ashok Kumar appellant, hereinafter referred to as "the accused", having been convicted by the learned Sessions Judge, Una, for an offence punishable under Section 302, of the Indian Penal code in Sessions Case No. 36 of 1997, vide his judgment dated May 1,1998, has filed the present appeal. The accused has been sentenced to suffer imprisonment for life and to pay a fine of rupees 20,000/ -. In case of default in the payment of fine, accused is to suffer further imprisonment for a period of two years.

(2.) Sant Ram, a resident of village Dhussara in Tehsii Amb of District Una, was posted as a Teacher at Government Primary School Baduhi is about 4 or 5 kms. from village Dhussara. shri Joginer Lai (PW9) was posted as Head Teacher of Govt. Primary School, Baduhi at the relevant time. On May 1,1997, he deputed Sant Ram to collect the salary of the Teachers of Primary School, Baduhi, Pallian and Panjora from the office of Block Primary Education Officer, Bangana (BPEO for short), for the month of April, 1997. Sant Ram collected Rupees 42,001/ - being salary of Teachers from BEPO Bangana on the evening of May 2, 1997. The School at Baduhi by that time had closed and, therefore, he returned back to his house at village Dhussara. On the next morning, i.e.. May 3, 1997, Sant Ram left his house for his School at Baduhi at about 7.00 a.m. with the amount of salary. He did not reach the School. The dead body of Sant Ram, covered under the wheat straws, was spotted by Smt. Raksha Devi (PW3) in her field at about 5.00 p.m. She immediately informed Sardari Lal (PW2), President of Qiam Panchayat, Baduhi. Sardari Lal in turn tried to contact police on telephone. The telephone lines were out of order. So he left for Una on his Scooter to inform the Superintendent of Police. On his way to Una, he informed Anil Kumar (PW1), son of Sant Ram, about the spotting of the dead body of Sant Ram by Smt. Raksha Devi. Sardari Lal reported the matter to the Superintendent of Police, Una. A police team headed by Sub Inspector Khub Ram (PW22), came to the spot alongwith dog squad and photographer. After inspecting the spot, Sub Inspector Khub Ram recorded the statement of Anil Kumar which forms basis for the First Information Report No. 47 of 1997 (Ext. PW1/A). The Investigating Officer after preparing the Inquest Report sent the dead body for post mortem examination. Dr. M.K. Pathak (PW13) conducted the post mortem of the dead body on May 4, 1997. The following injuries were noticed by Dr. Pathak as per his report Ext. PN:

(3.) The case of the prosecution is that accused Ashok Kumar killed deceased Sant Ram by inflicting fatal injuries with an axe. Accused Ashok Kumar was tried by learned Sessions Judge, Una, alongwith Rajesh Kumar for offences punishable under Section 302 read with Section 34 of Indian Penal Code. Rajesh Kumar was acquitted by the learned Sessions Judge by his impugned judgment for want of any tangible evidence against him. However, accused Ashok Kumar has been convicted as noticed earlier.