PREM KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present criminal appeal, has been preferred under Section 374 Cr.P.C. against the judgment dated 16.2.1999, passed by Learned Additional Sessions Judge-II, Kangra at Dharamshala, in Sessions Case No. 12-K/1998 (Sessions Trial No. 12/98) convicting the appellant-convict after holding him guilty of the offence, under Section 302 and sentenced him for life, indicating his entitlement to set off period of his detention with effect from 25.3.1998 till 17.2.1999.

(2.) The prosecution case in brief is that on 25.3.1998, at about 9.00 P.M., Sushil Kumar, Pardhan, Gram Panchayat, Charri informed on telephone to SHO Dharam Chand, Police Station Shahpur, District Kangra, that one Prem Kumar, son of Amar Nath, Cloth Dealer at village Charri had injured one Vijay Kumar by inflicting with scissor blow and Vijay Kumar has been removed to Zonal Hospital, Dharamshala. Accordingly, SHO along with other police officials went to the hospital at Dharamshala, where one Avtar Singh made a statement disclosing that Vijay Kumar victim-deceased was injured at about 7.45 P.M. and has succumbed to the injuries, accordingly, FIR was lodged and appellant-convict was charged for the offence, under Section 302 IPC.

(3.) In order to prove its case, prosecution examined as many as seventeen witnesses, namely, PW-1 Dr. D.P. Swami, PW-2 Avtar Singh, PW-3 Lal Bahadur Shastri, PW-4 Jai Pal, PW-5 Sushil Kumar, PW-6 Ravinder Kumar, PW-7 Meg Raj, PW-8 Dinesh Kumar, PW-9 ASI Ranjit Singh, PW-10 HC Dalip Kumar, PW-11 LHC Roshan Lal, PW-12 Raghubir Singh, PW-13 Dr. Alok Singla, PW-14 Prem Kumar, PW-15 Ravinder Kumar, PW-16 Megh Nath and PW-17 Dharam Chand, whereas, the appellant-convict through his statement, under Section 313 Cr.P.C.s denied the prosecution case and adduced HC Mohinder Singh as DW-1.