BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 19.2.2013 rendered by the Additional Sessions Judge, Solan in Sessions Trial No. 11 -S/7 of 2011 whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 302 of the Indian Penal Code, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine he was further directed to undergo simple imprisonment for one month for offence under section 302 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nutshell, is that Inderjeet Singh (now deceased) and accused Balbir Singh were employed in Micro Turner Factory situated at Parwanoo. PW -1 Mithlesh Singh was employed as maintenance operator in the factory. 200 employees were working in the factory. There was a holiday in the factory on 26.1.2011. However, maintenance cell of the factory was functioning on 26.1.2011 to carry out urgent repairs and maintenance work of certain machines. Accused Balbir Singh and deceased Inderjeet Singh alongwith 20 -22 workers were working in the maintenance cell of the factory. Accused and deceased were working in the gallery of the factory. Mithlesh Singh was also present in the factory on that day. At about 2.45 P.M., while Mithlesh Singh was working in the factory, he heard the noise of a quarrel from the gallery side. He alongwith Ajay Kumar went towards the gallery and noticed that accused was giving beatings with an iron rod to deceased Inderjeet Singh, who was lying in the drain. Mithlesh and Ajay Kumar raised alarm upon which other employees of the factory also reached the spot. Accused admitted to have killed Inderjeet Singh. Mithlesh Singh, Ajay Kumar and others took Inderjeet Singh to E.S.I. Hospital, Parwanoo. Inderjeet Singh had received injuries on his head. Medical Officer declared Inderjeet Singh as brought dead. Medical Officer telephonically informed Police Station, Parwanoo, on the basis of which Rapat No. 32 Ex. PW -5/A was recorded in the Rojnamcha at Police Station, Parwanoo. Inquest report was prepared. Post -mortem was conducted on the dead body. Photographs of the dead body were also taken. Statement of complainant Mithlesh Singh was also recorded under section 154 of the Code of Criminal Procedure, on the basis of which FIR No. 16 of 2011 was recorded at Police Station, Parwanoo. Accused made disclosure statement Ex. PW -1/C on 27.1.2011, on the basis of which two pieces of iron rods Ex. P -4 and Ex. P -6 were recovered. According to the medical opinion, deceased died because of ante -mortem head injury. Investigation was completed and the challan was put up in the Court after completing all the codal formalities.

(3.) MR . Dalip K. Sharma has vehemently argued that the prosecution has failed to prove its case against the accused.