BAL DEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1.4.2008 rendered by Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala rendered in RBT S.C. No. 44 -K/VII/07 whereby appellant, who was charged with and tried for offence punishable under Section 302 of the Indian Penal Code has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 25,000/ -. In default of payment of fine, he has been further ordered to undergo imprisonment for one year. Case of the prosecution, in a nutshell, is that appellant used to visit the shop of one Ram Singh at village Kothian Jalot. He was selling Beedis, cigarettes, match box etc. Appellant used to buy Beedis, cigarettes and match box from Ram Singh and not to pay. On demand of price, appellant used to threaten Ram Singh to kill him. On 25.4.2007, Ram Singh was at his shop. Shop was adjoining to the school. Appellant picked up cigarette packet and a match box and when the money was demanded, he picked up a Darat from the shop of Ram Singh and gave blow on his neck. The neck was almost severed. Only small portion of neck remained uncut. Deceased fell down. This occurrence was witnessed by two small children, who were returning from the school. Appellant after throwing the Darat ran away from the spot. Some ladies were grazing animals at some distance. He asked for water from them. Water was provided to him. They noticed blood on the hands of appellant. One of the ladies inquired if he had cut a goat, but he replied in negative. He left the spot. Ladies after hearing the cries went to the shop of Ram Singh. He was found dead. The matter was reported to the police. The Police reached the spot and investigation was carried out. Darat was taken into possession. Post -mortem was conducted. Inquest report was prepared. After completing all the formalities, challan was put up in the Court.

(2.) PROSECUTION examined number of witnesses to prove the case against appellant. Appellant was also examined under Section 313 of the Code of Criminal Procedure. He pleaded his innocence. The Additional Sessions Judge, Fast Track Court convicted the appellant, as noticed above, on 1.4.2008. Hence, the present appeal.

(3.) MR . Shrawan Dogra, learned Advocate General has supported the judgment dated 1.4.2008.