ARUN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal becomes preferred by the convict, against the verdict, of, conviction, as made upon him, on 02.12.2017, hence by the learned Additional Sessions Judge-1, Kangra at Dharamshala, District Kangra, H.P., upon, Sessions Trial No. 7-1/VII/2015, vis- -vis, the charge drawn, under Section 302 of the Indian Penal Code (hereinafter for the sake of brevity, referred to as "IPC"), and also, becomes directed against the consequent therewith sentence, of, imprisonment, for life, and also, a, fine of Rs. 10,000/-, becoming imposed upon him. In default of payment of fine, the, convict became sentenced, to, undergo simple imprisonment, for, one year.

(2.) The genesis of the prosecution case, becomes anchored, upon, a statement, embodied in Ex. PW-1/A, as made by the father of the victim, who, therein has made a narration, vis- -vis, his deceased son, one Sahil Kumar, aged about 17 years, on 10.03.2015, when both were at their abode, hence, thereat, at about 3:00 p.m., the accused Arun Kumar belaboring his father, Bishan Dass, and the latter's wife, making an unsuccessful rescueratory attempt(s). Ext. PW-1/A, also contains a narration, vis- -vis, the deceased, Sahil Kumar, upon, asking convict, Arun Kumar, the reason, for, his belaboring, his father; (a) whereupon, the latter getting inflamed, as to the capacity of the deceased, to, mete interventions, and thereafter his stabbing him, with a knife. On anvil of Ext. PW-1/A, an FIR, embodied in Ext. PW-11/A, became recorded, at Police Station Indora, District Kangra, H.P. Through memo, borne in Ext. PW-7/A, jacket Ext. P-3, of, the deceased, enclosed in parcel Ext. P-2, became recovered. Through recovery memo, embodied in Ext. PW-7/E, the accused enabled effectuation, of, knife, Ext. P-1. The sketch of the knife, Ext. P-1, became drawn, by, the Investigating Officer, upon, a paper, embodied in Ext. PW-7/D. Recovery memo, Ext. PW-7/E, was preceded by a disclosure statement, of, the convict, disclosure statement whereof is embodied in Ext. PW-7/C.

(3.) Postmortem report, ascribing acute hemorrhagic shock, due to rupture of heart, and, lung, "to be the cause of demise of deceased Sahil", is embodied in Ex. PW-18/A. The hereinafter extracted injuries, are reflected therein, to be occurring, on the body of the deceased, Sahil Kumar: