OM PARKASH @ OMI, S/O SHRI CHAND RAM, R/O MOHALLA SAHNU BHARMOUR, TEHSIL BHARMOUR, DISTRICT CHAMBA H.P. (PRESENTLY LODGED IN DISTRICT JAIL, CHAMBA, H.P.) Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a jail appeal filed by the convict -appellant, feeling aggrieved and dissatisfied by the judgment of conviction and sentence passed by the learned trial Court in Sessions Trial No. 12 of 2010 decided on 31.10.2011, for the offence punishable under Section 306 of the Indian Penal Code, whereby, he has been sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 5,000/ - with default clause.

(2.) Shri L.N. Sharma, learned counsel was appointed as Legal aid counsel for the appellant as per order dated 24.9.2012. Paper Book was supplied to him and the matter was taken up for final hearing.

(3.) THE autopsy was conducted by PW13 Dr. Gagandeep Bhardwaj. The viscera was preserved and sent for forensic examination, but no poison was detected. In the opinion of the doctor, the deceased died due to extensive epidermal burns leading to hypoveleamice shock and septicaemic shock causing cardio pulmonary arrest. The probable time between injury and death was less than 12 hours and between death and post -mortem was less than 24 hours. The postmortem report is Ext.PW13/B.