ADAM RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was charge-sheeted and tried for the offence punishable under Section 302 of the Indian Penal Code for causing murder of Gopal Dass (deceased), but convicted for the offence punishable under Section 304 Part II of the Indian Penal Code, as such sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one year. The benefit of the custody during investigation/trial as per the provisions of Section 428 of the Code of Criminal Procedure was also accorded. The appellant, hereinafter to be referred as 'the accused', felt aggrieved by the impugned judgment of conviction and sentence, hence the present appeal. In short, the prosecution story is that the accused was sitting in the quarter of PW2 Bhag Singh in village Bandal alongwith PW3 Meena Ram, Sita Ram, Chetan and Gopal Dass (deceased). All of them were having a joint feast. They had taken snacks, chicken and also started consuming beer w.e.f. 10.30 p.m. during the intervening night of 10th/11th April, 2007. Around 12.00 O'clock, the accused picked-up altercation with deceased Gopal Dass on some matter, but after sometime it cooled down. Gopal Dass was taken to room of PW4 Lok Raj to retire to his bed. Accused also left the room of Bhag Singh and went outside the room of PW4 Lok Raj and called out Gopal Dass. When he came out, the accused hit him with broken bottle of beer in his abdomen, he fell down. His other friends gathered there. Thereafter he was shifted to the hospital, where he succumbed to the injury. Police was informed by the Medical Officer, CHC, Nirmand.

(2.) On completing investigation, the challan was presented in the Court for the offence of murder against the accused. At the end of trial, he was convicted and sentenced for culpable homicide not amounting to murder as aforesaid, as such the present appeal.

(3.) Shri M.S. Guleria, learned Counsel for the accused led me through the statement of PW1 Souji Ram wherein the weapon used is written as 'dagger'. According to him, later on after postmortem, prosecution witnesses attributed fatal injury to the broken beer bottle which was not even shown to the doctor to elicit his opinion. Further according to him, there are material contradictions in the statements of the prosecution witnesses which render the prosecution case completely doubtful.