ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 374(2) Cr.P.C. against the judgment of the Court of learned Sessions Judge, Solan, dated 7.11.2002, vide which he convicted the appellant for the offence under Section 304 Part -II I.P.C. and sentenced him to rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/ -. In default of payment of fine, the appellant was to undergo simple imprisonment for one year. The fine if recovered, 50% was payable to the widow of the deceased.

(2.) BRIEFLY stated, the facts of the case are that Rajesh Kumar, now deceased, was son of Kishori Lal, already dead and Smt. Sheela Devi. After the death of said Kishori Lal, her husband, mother of the deceased Rajesh Kumar, married her husband 's younger brother Chaman Lal and during this wedlock she gave birth to four children including the appellant. It is the prosecution case that Rajesh Kumar, deceased, had taken the contract of washing clothes of the Army Public School, Dagshai and his mother, step father and Anil Kumar, appellant, used to help him, while PW Banwari Lal was engaged as a servant. Chaman Lal, step father of the deceased and appellant alongwith other members of the family had some dispute with deceased since they had already been demanding equal share in the contract taken by him for washing clothes of Army Public School, Dagshai. It was further alleged that on 26.12.2001, appellant picked up an altercation with deceased, his step brother, on disconnecting STD facility to his telephone and some abuses were exchanged in between the two. Chaman Lal, step father of the deceased and father of the accused was present in the house but he did not intervene. Thereafter, the appellant hit the deceased with a hammer (Hathori) on the head of the deceased, who suffered an injury and the occurrence was witnessed by his wife PW -1 Smt. Geeta Devi and PW -2 Banwari Lal, servant.

(3.) THE occurrence took place in the room of the house in which all the parties were living. It is alleged that Chaman Lal and his wife Smt. Sheela Devi rather bolted the room in which the deceased was hit and he could not come out. PW -2 Banwari Lal went out and opened the door of the room from other side and thereafter, he took the deceased on the scooter for treatment which was driven by the deceased himself. After some distance, the deceased felt giddiness and stopped there and asked PW -2 Banwari Lal to call PW Anoop, a peon in the Army Public School living nearby. He was not present there and a message was left and after some time, he came to the spot. Both PW -2 Banwari Lal and PW -4 Anoop, took Rajesh Kumar, who had become unconscious by that time, to hospital at Dharampur, where he was declared dead. The dead body was brought back to Dagshai. Police was informed and after registration of the case, the police filed challan as against the appellant and his father Chaman Lal under Section 302/201 read with Section 34 I.P.C. The case was committed to the Court of learned Sessions Judge, Solan, who framed the charge as against the appellant and Chaman Lal under Section 302, 201 and 34 I.P.C.