HARI SINGH Vs. STATE OF HP

JUDGEMENT

(1.) The appellant has challenged the judgment of his conviction and sentence in this appeal, passed under Section 307 of the Indian Penal Code in Sessions Trial No.29 of 1999 dated 28.7.2003, whereby he was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.20,000/-, in default of payment of fine, he was further sentenced to undergo imprisonment for a period of one year. The fine amount if realized, was ordered to be paid to the victim Jai Singh (PW2).

(2.) In brief, the prosecution story can be stated thus.

(3.) PW8 Dr. Gopal Sharma, Zonal Hospital, Mandi observed the multiple lacerated wound on the scalp on occipital and both parietal region, also abrasion over right ankle and a blunt injury on the right side of the chest. The aforesaid injuries were got x-rayed. The doctor opined that there was fracture of 7th , 8th and 9th ribs of the right side of the chest. With respect to injury No.1, he was referred to the Surgical Specialist, IGMC Shimla, for its management and opinion. The doctor in IGMC found linear fracture over left tempo frontal region with contusion and this injury was opined fatal to life. Police took into possession MLC Ex.PH. In the opinion of the doctor, injury Nos.1 and 2 could be caused with Danda Ex.P1, whereas injury caused on the right side of the chest which caused fracture, could be possible by having thrown on the hard and rough surface. The X-ray Ex.PA of the injured were taken by PW1 Dr. G.D. Gaud, Radiologist of Zonal Hospital, Mandi and his opinion is Ex.PB.