HARDAYAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant, Hardyal Singh, hereinafter referred to as the accused, was tried by the learned Additional Sessions Judge (I), Kangra at Dharamsala for the offences under Sections 302, 323 and 307, Indian Penal Code, for having committed the murder of Chander Mohan (his nephew) and Smt. Gulabo Devi (grand -fathers sister), and for having attempted to commit the murder of Smt. Prabhi Devi (grand -mother) and for having caused simple injuries to Smt. Roshani Devi (aunt) on 7.11.1998 in village Sadhuwargran. Vide judgment dated 27.8.2001 the accused has been convicted for the offences under Sections 302 and 323, Indian Penal Code and vide order dated 30.8.2001 he was sentenced to imprisonment for life and fine of Rs. 5,000, for the offence under Section 302, Indian Penal Code. He was further sentenced to pay a fine of Rs. 500 for the offence under Section 323, Indian Penal Code. Out of the fine, if realised, a sum of Rs. 3,000 was ordered to be paid to the next kin of deceased Chander Mohan (hereinafter referred to as deceased "C") and Rs. 2,000 was ordered to be paid to the next kin of deceased Gulabo Devi (hereinafter referred to as deceased "G"). A sum of Rs. 500 was directed to be paid to the injured Smt. Roshani Devi. The accused was, however, acquitted of the offence under Section 307, Indian Penal Code.

(2.) The present appeal has been preferred by the accused under Section 374, Code of Criminal Procedure, assailing the conviction and sentence recorded against him by the learned Additional Sessions Judge.

(3.) Briefly stated, the story of the prosecution is this. On 7.11.1998 at about 9.20 a.m., the deceased "C" accompanied by PW 1 Sanni Kumar and one more boy was proceeding towards his school. The deceased "C" was then a student of Class IV while PW 1 was studying in Class II in the same school. While on the way to school the accused armed with a "Darat" met them. He asked the deceased "C" regarding the whereabouts of his parents. The deceased "C" told the accused that his mother had gone to collect fodder while his father was away to Nagrota. The accused then gave a "Dart" blow on the neck of the deceased "C" as a result of which blood started. The accused went away after causing the injury. The deceased "C" after having walked for some distance towards the school, fell down by the side of a "Nallah". PW1 Sanni Kumar returned and informed his uncle PW -2 Bhima. He immediately rushed to the spot and found the deceased "C" lying unconscious with a bleeding cut wound on the neck. PW -2 Bhima had earlier seen the accused carrying a "Darat" passing in front of his shop. He carried deceased "C" to a nearby dispensary. Since no doctor was available in such dispensary, he carried the deceased "C" to the hospital at Nagrota, he was joined on the way by the mother of the deceased. The Medical Officer at Nagrota advised PW -2 to take the deceased to Zonal Hospital, Dharamsala. The deceased "C" succumbed to the injury at Zonal Hospital, Dharamsala at about 2 or 3 p.m. In the meanwhile the father of the deceased "C" had also reached the hospital.