ADMAN DUNG DUNG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal through Jail has been directed by the appellant, Adman Dung Dung, hereinafter referred to as the accused, against the judgment dated 12-10-2001 of the learned Sessions Judge, Hamirpur, in Sessions Trial No. 10 of 2001, whereby he has been convicted for the offence under S. 304 (Part-I), Indian Penal Code, and sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. 5,000.00. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a further period of one year.

(2.) Briefly, the prosecution story may be thus stated. On the night intervening 21/22-10-2000 at about 12-50 a.m. PW. 1 Bhim Singh gave an information to the police on telephone about his servant Rattan Lakra having been assaulted and badly injured by the accused. Such information was duly recorded as report No. 44 (Ex. PW-7/A) in the daily diary of Police Station, Hamirpur and Head Constable Prabhu Ram along with Constable Som Raj were deputed to the spot. At about 1.45 a.m. Head Constable Prabhu Ram gave information at the Police Station on telephone that the above-said Rattan Lakra (hereinafter referred to as the deceased) had died due to the injuries inflicted on him. Such information was entered at Serial No. 46 of the daily diary, copy of which is Ex. PW- 7/B). PW. 9 Inspector Sansar Chand, the then Station House Officer. Hamirpur, accompanied by PW. 6 Head Constable Bachitter Singh and Sub Inspector Balwant Singh along with other police officials went to the spot. Statement of P.W. 1 Bhim Singh was recorded by PW. 9 Bachitter Singh under S. 154, Code of Criminal Procedure, on the basis of which a case for the offence under S. 302, Indian Penal Code, came to be registered vide FIR No. 195/2000 (Ex. PW. 6/A).

(3.) During investigation, it was revealed that PW. 1 Bhim Singh was running a factory in the industrial area Baru in District Hamirpur, under the name and style of "Jwala Engineering Works" for the last 6/7 months. Earlier he was running a factory under the same name in the State of Orissa. PW. 1 Bhim Singh had come to Baru from Orissa on 1-10-2000 accompanied by his servant Raju Giri Bahadur (a Gorkha). The deceased had been employed by PW. 1 as a Chowkidar in his factory. On reaching Baru, PW. 1 Bhim Singh noticed the accused and his wife Sarita staying with the deceased in the factory premises. He rebuked the deceased for having allowed the accused and his wife to stay with him in the factory premises. One Bachittar Singh, an uncle of P.W. 1 Bhim Singh, who was also present at that time told PW. 1 Bhim Singh that since he was in need of a servant, he had asked the deceased to send the accused and his wife to his house at Jogindernagar in District Mandi.