SURINDER SINGH ALIAS JAT, SON OF SHRI ARJUN SINGH, CASTE RAJPUT, RESIDENT OF SADDA, P.O. LABRU, P.S. LAMBAGAON, DISTRICT KANGRA, HIMACHAL PRADESH Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY HOME, GOVERNMENT OF HIMACHAL PRADESH, SHIMLA, H.P

JUDGEMENT

(1.) THE appellant was charge -sheeted and tried for the offence of murder punishable under Section 302 of the Indian Penal Code, but the prosecution could not prove it a case of murder, however, in the opinion of the learned trial Court, it was a case punishable under Section 304 Part -1 of the Indian Penal Code, as such, the appellant, hereinafter referred to as the "accused", was held guilty, thus convicted for the said offence and sentenced to undergo simple imprisonment for a period of seven years and to pay a fine of Rs. 25,000/ -. In default of payment of fine, to further undergo simple imprisonment for a period of 'one' year. Now, the conviction and sentence imposed upon the accused under the aforesaid Section has been challenged in this appeal. In short, the prosecution story, as emerges from the evidence on record, can be stated thus. In the year 2008, PW -1 Surender Singh was a sales man in a liquor vend at Village Lahru, Tehsil Lambagaon, the licencee whereof was "Ankush Gupta and sons".

(2.) THE police recorded the statements of the witnesses. After completing the investigation, challan was presented in the Court for the trial of the accused under Section 302 of the Indian Penal Code. He was accordingly charge -sheeted for the aforesaid offence, but was convicted and sentenced for the offence punishable under Section 304 Part -I of the Indian Penal Code, as aforesaid.

(3.) SHRI P.M. Negi, learned Deputy Advocate General, countered the above arguments by submitting that the facts on record coupled with the statements of the doctors make it clear that the deceased was a lean and thin person as compared to the accused, the accused fisticutted and pushed him violently, with the result, he fell down and sustained fatal injury on his head. Thus, he had a knowledge that by his act, the deceased would die. Hence, it would be a case under Section 304 Part -II of the Indian Penal Code, if not under Section 304 Part -I of the Indian Penal Code.