SUBHASH SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) The appellant, one Subhash Singh, upon, becoming aggrieved, from his being convicted, for, charge(s) drawn under Section 302, and, under Section 326 of the Indian Penal Code, hence by the learned Additional Sessions Judge-I, Kangra at Dharamshala, District Kangra, H.P., through a verdict rendered, on 21.10.2016, upon, session case No. 17-D/VII/2014, has instituted thereagainst, the, instant appeal, before this Court.

(2.) In pursuance to his becoming convicted, for, the afore charges, framed under Section 302 of the Indian Penal Code, the accused became sentenced, to, undergo rigorous imprisonment for life, and also a sentence, of, fine borne in a sum of Rs. 10,000, became imposed upon him, vis- -vis, the afore charge(s) , and, he was also sentenced, to, undergo rigorous imprisonment, for five years, and, also became sentenced, to, pay a fine of Rs. 5,000/-, for, the offence punishable, under, Section 326 of the Indian Penal Code. In default(s) of payment(s) of fine amount(s), he became further sentenced to undergo rigorous imprisonment, for one year, vis- -vis, charges,drawn under, Section 302 of the Indian Penal Code, and, for rigorous imprisonment, extending upto six months, vis- -vis, charges framed under Section 326, of, the Indian Penal Code. Both the sentences were ordered to run concurrently.

(3.) The genesis, of, the prosecution case, becomes, embodied, in a statement, as, made by the informant, one Ramesh Chand, statement whereof, is, embodied in Ext. PW1/A, (i) wherein the informant, makes echoing(s), vis- -vis, the sister, of, the informant, one Krishna Devi, solemnizing, in the year 1999, a love marriage, with the convict. He further narrates therein, that, for a year, after both entering into a wedlock, theirs living in peace, and, harmony, however, after one year, of theirs solemnizing marriage, rather the convict, nursing suspicion about the chastity, of, the deceased, and, the afore suspicion engendering conflicts, amongst them. On 28.3.2014, he narrates that at about 8 p.m., the maternal uncle, of the deceased, making a telephonic intimation, to him, that on the previous night, both the deceased, and, the accused, making interse bickering(s), and that in the morning, of, 28.3.2014, the convict, making, a, fatal darat blow, on the head, of, the deceased, and, thereafter his fleeing. The afore incident, is, stated to be witnessed, by the sister, of, the convict, inasmuch as by one Sudesh Kumari, and, it is also mentioned therein, that during the course, of, the scuffle, which erupted interse the convict, and, the deceased Krishna Devi, the afore Sudesh Kumari, also sustaining injuries, on her person. In pursuance to the making, of, Ext. PW1/A, a formal FIR became registered with the Police station concerned, FIR whereof, becomes embodied in, Ext. PW15/A.