SUKH RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.12.2001 passed by the learned Sessions Judge, Mandi, whereby the convicted appellant (hereafter referred to as the accused) has been convicted under section 304 -11 of the Indian penal Code and has been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 20,000/ - and in default of payment of fine, to undergo further rigorous imprisonment for a period of one year.

(2.) The case of the prosecution against the accused, as revealed in the charge sheet, is that on 21.5.1997, a telephonic message was received at police station, Sarkaghat, that Chamaru Ram (since deceased) was admitted in the hospital in injured condition. On receipt of this information, HC Tej Singh (pw -9) proceeded to the hospital and moved an application to the Medical Officer concerned to find out whether Chamaru Ram was capable of making a statement. The medical officer certified that Chamaru Ram was incapable of making the statement. Pw -9 then recorded statement of pw -1 Damodri Devi Ex. Pw -9/A. Thereafter, Chamaru Ram was referred to Zonal Hospital, Mandi, on 21.5.1997 and to Indira Gandhi Medical College, Shimla, on 23.5.1997. On 25.5..1997, at about

(3.) On receipt of the case by committal, the learned Sessions Judge, Mandi, framed a charge against the accused under section 304 -11 of the Indian Penal Code, however, discharged said Rupnu.