PRAKASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Leave granted.

(2.) Over a petty matter the appellant is supposed to have committed fratricide. He was found guilty by the trial Court for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and sentenced to undergo imprisonment for life. In appeal, conviction and sentence were upheld by the High Court of Himachal Pradesh, Shimla.

(3.) Accusations which led to the trial of the accused are essentially as follows: Shri Sukh Dev alias Guddu (hereinafter referred to as the deceased) was real younger brother of the accused. On 6.2.2000 at about 9.00 p.m. there was a quarrel between the deceased and the accused. Cause of the quarrel was that the dogs of the accused had entered the kitchen room of the deceased and when the deceased had asked the accused to keep his dogs tied in the chains, verbal altercation took place and tempers flew, the accused went to his room, took out his gun and fired a gun short at the deceased from a distance of about 35 feet, as a result of which pellets of the gun shot had pierced into the chest of the deceased. Information was lodged with the police, investigation was undertaken and charge sheet was filed. Accused pleaded innocence and false implication. During trial, father of the deceased and accused was the star witness as he claimed to be an eye witness. He graphically described the factual scenario. Placing reliance on his evidence, the trial Court found the accused guilty. Appeal filed by him was dismissed by the impugned judgment.