BALIA @ BILLU Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Balia @ Billu (hereinafter referred to "the accused") faced trial for the commission of offence punishable under Section 307 and Section 506 of the Indian Penal Code, 1860 (for short "the I.P.C). The learned Sessions Judge, Chamba Division, Chamba found the accused to be guilty under Section 307 I.P.C. He was sentenced to undergo simple imprisonment for ten years and to pay fine of Rs. 10,000/ -, in default of payment of fine to undergo simple imprisonment for one year, while he was acquitted under Section 506 I.P.C.

(2.) THE prosecution version as unfolded during the trial may briefly be stated thus:

(3.) THE investigation of the case was conducted by Sub Inspector Krishan Chand (PW -13), SHO, Police Station, Bharmour. On 22.4.1997, PW -13 prepared site plan (Ext. PQ) of the spot. Shirt (Ext. P -1) of the injured stained with blood was handed over to the Investigating Officer by PW -4 in the presence of Subhash Kumar (PW -3), Pradhan, Gram Panchayat, Garola and PW -6 which was seized in a parcel sealed with impression T. The seal after use was given to PW -3, Knife (Ext. P -2) the weapon of offence was recovered at the instance of the accused in the presence of PW -3 and one Amlu Devi which was identified by PW -6 to be the same weapon which was used by the accused inflicting injuries on the person of PW -1. Recovery memo (Ext. PC) of the knife was signed by the accused and the recovery witness. The Medico Legal Certificate (Ext. PJ) prepared by PW -8 Dr. Pramod Kumar was obtained during the investigation. The final opinion of Dr. V. Behal (Ext. PN) and discharge slip of the injured (Ext. PM) were collected and the statements of the witnesses were recorded by the Investigating Officer.