STATE OF HIMACHAL PRADESH Vs. GIAN CHAND

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment since they both arise out of the same judgment delivered by the learned Additional Sessions Judge I, Kangra at Dharamshala, whereby he convicted the accused of having committed an offence punishable under Section 304, Part II, of the Indian Penal Code and sentenced him to undergo imprisonment for a period of five years and pay a fine of R. 20,000/ as compensation. In case of default of payment of fine, the accused was directed to undergo simple imprisonment for one year.

(2.) Aggrieved by the said judgment, the accused has filed Criminal Appeal No. 74 of 2005 challenging his conviction and sentence, whereas the State has filed Criminal Appeal No. 124 of 2005 and has prayed that the accused be convicted for having committed an offence punishable under Section 302 IPC and be sentenced accordingly.

(3.) The prosecution case totally revolves around the statement of PW 1, Ravinder Kumar. He was the driver of a truck belonging to HIMFED. According to this witness, he saw the accused, Gian Chand, and the deceased, Ranjit Singh, quarreling with each other. He intervened and set them apart. However, Gian Chand went to a room, took a knife and then attacked Ranjit Singh and gave him a blow of the knife on the neck. The matter was reported by Ravinder Kumar to the police the next day, whereupon his statement, Ex. PW 1/A, was recorded. On this basis, the police came to the spot and carried out investigation. The statements of : 3 : other witnesses were recorded and the accused was charged with having committed the murder of deceased, Ranjit Singh. After trial, the accused was acquitted of the offence under Section 302 IPC, but held guilty of the lesser offence punishable under Section 304, Part II, IPC and sentenced as aforesaid. Hence, these two appeals.