SARDAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Appellant has challenged his conviction and sentence passed by the learned trial Court, in Sessions trial No. 23/2003/2002, on 20/21 -8 -2004, for the offence punishable under Section 323 of the Indian Penal Code, whereby he was sentenced to under simple imprisonment for six months and to pay a fine of 1,000/ -. In default of payment of fine, the Appellant was ordered to undergo further simple imprisonment for a period of two months.

(2.) THE facts in short as emerges from the evidence on record can be stated thus. On 13.5.2000, PW1 Sukho Devi daughter of PW11 Purni Devi, grand -daughter of deceased Kamla Devi @ Kamli, was studying in matriculation and she had to take her annual examination in May, 2000.

(3.) THE matter was reported the police. PW1 Sukho Devi made a statement Ext.PA under Section 154 of the Code of Criminal Procedure, which culminated into FIR Ext.PW10/A under Section 304 of the Indian Penal Code. The police took photographs of the deceased, prepared site plan Ext. PW14/A of the place of alleged incident and the inquest papers Exts.PC and PD were prepared. Autopsy of the dead - body was conducted at the request of the police by PW4 Dr. Raghweshwar Jyoti and PW15 Dr. Suresh Sankhyan. Doctors noticed abrasion marked on the inter -scapular region, which is consistent with the history of having been struck with belt, but in the opinion of the doctor in the normal course of nature, it was not sufficient to cause death. Postmortem report is Ext. PW4/C. Viscera of the dead body was also sent for the forensic examination. No poison or alcohol was detected.