LAWS(HPH)-2011-2-85

TILAK RAJ Vs. STATE OF H.P.

Decided On February 22, 2011
TILAK RAJ Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE appellant has challenged his conviction under Section 308 of the Indian Penal Code (hereinafter referred to as IPC) whereby he has been sentenced to undergo three years rigorous imprisonment and to pay a fine of 2000/ -, in default of payment of fine to further undergo simple imprisonment for six months.

(2.) THE prosecution case in brief is that the appellant -accused on 27.10.2000 at around 5.45 p.m. caused injuries to PW5 Salig Ram by pelting and hitting him with a stone which resulted in fracture of his skull and consequent hospitalisation at Chamba and thereafter at Dr. Rajender Prashad Medical College, Dharamshala. The injuries were serious in nature and were such which could result in his death.

(3.) ON the evidence on record more especially PW5 injured Salig Ram, PW10 Suresh Kumar, PW1 Dr. Subhash Chauhan, PW9 Dr. Anupama Kapoor and PW2 Dr. V.K. Pathak, the accused was found guilty and sentenced as noticed.