MANJEET KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenge in these appeals is to the judgment dated 8.12.2008, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 20- N/7 of 2007, convicting and sentencing thereby the appellant (in Cr. Appeal No.40/2009), hereinafter referred to as accused No.1, to undergo rigorous imprisonment for life and to pay a fine of Rs.15,000/- under Section 302 IPC and in default of payment of fine to undergo further imprisonment for a period of one year; whereas acquitting the respondent (in Cr. Appeal No. 290 of 2009), hereinafter referred to as accused No.2, of the charge under Section 302 of the Indian Penal Code read with Section 34 IPC, by giving him benefit of doubt.

(2.) The occurrence having taken place on 23.7.2007 in broad daylight around 3.30 p.m. in village Sawana, Tehsil Rajgarh, District Sirmaur, has taken away a precious and valuable human life as the victim, Naresh Kumar succumbed to stab injuries he received on vital part of his body in the said occurrence, most probably on the way to hospital as he was declared brought dead by the doctor on duty.

(3.) The incident leading to these proceedings is of village Swana, Tehsil Rajgarh, District Sirmaur. The place of occurrence is house of one Pyar Chand, a school teacher, who had arranged feast for his relatives and fellow villagers on 27.3.2007 on the occasion of his retirement from service. Complainant party and accused persons had also come there to have meals, being residents of the same village.