SHASHIKANT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal has been directed against judgment dated 29.6.2004/6.7.2004 passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in S.C. Case No. 89 - G/VII/03/S.T. No. 74/03 convicting the Appellant and co -accused Wazir Chand under Section 304 (II) Indian Penal Code and sentencing them to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 50,000/ - each, in default of payment of fine, further to undergo simple imprisonment for 2 1/2 years. On the realisation of the fine, the same was ordered to be paid as compensation to the legal heirs of deceased. The co -accused Wazir Chand also joined Shashikant in the present appeal as Appellant but he died during the pendency of the appeal and the appeal against Wazir Chand has been ordered to be abated vide order dated 8.12.2010.

(2.) THE prosecution case, in brief, is that on 1.6.1999 at about 12.10 P.M. PW -12 S.S. Chamyal the then Sub Divisional Magistrate, Dehra informed the Police Station, Jawalamukhi that a person in a quarrel got injured on 31.5.1999 at Garli and had been brought and referred to CHC, Jawalamukhi. On this, PW -18 Nathu Ram, Inspector, Police Station, Jawalamukhi along with LHC Ramesh Chand went to CHC, Jawalamukhi and obtained the opinion in writing from the Medical Officer whether Hoshiar Singh injured who was admitted in the hospital was fit to make statement. After obtaining the opinion, recorded the statement of Hoshiar Singh.

(3.) THE injured continued that he became unconscious and re -gained consciousness in Garli hospital where his sister -in -law PW -3 Rajo Devi and his brother PW -10 Suresh Kumar and his cousin Harbans Lal and aunt PW -15 Ram Piari were present. He came to know that these persons brought him to the hospital. The injured was referred from Garli hospital to Sub Divisional Hospital, Dehra and from Dehra, he was taken to Jawalamukhi hospital.