JAGAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Jagar Singh @ Jagia, hereinafter referred to as 'the accused' stands convicted by the learned Additional Sessions Judge, Sirmour District at Nahan in Sessions trial No. 8-N/7 of 2001 vide judgment and order dated 27.3.2002 for an offence under Section 302 of the Indian Penal Code and upon such conviction he has been sentenced to life imprisonment and to pay fine of Rs. 5,000/-. In default of payment of fine, to suffer rigorous imprisonment for three months. The, amount of fine, if realised, is ordered to be paid as compensation to Smt. Dhurhi Devi wife of deceased Jalam Singh.

(2.) The prosecution case may be briefly stated thus :

(3.) It was on the fateful evening of October 16, 2000, when PW-2 Gora Ram heard some noise coming from the house of Jalam Singh. PW-2 came out of his house and met Jeet Singh, a resident of the same village. They both went to the house of Jalam Singh. When they reached near a field below Jalam Singh's house, they noticed the accused sitting on the chest of Jalam Singh and throttling his throat with hands. PW-2 asked the accused what he was doing. The accused suddenly turned towards PW-2 and grabbed him by the neck. Jeet Singh rescued PW-2 from the clutches of the accused. The accused thereafter fled away from the scene of the occurrence.