SUNIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 30.10.2010 and consequent order dated 3.11.2010, of the learned Addl. Sessions Judge, Fast Track Court, Una, H.P., rendered in Sessions Trial No. 8 of 2010, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence under Section 302 IPC, has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine, the accused was ordered to undergo simple imprisonment for three months.

(2.) The case of the prosecution, in a nut shell, is that on 15.2.2010 at about 5:00 PM, at village Badwana the accused inflicted serious injuries on Usha Devi, his mother with a Guava stick, as a result of which Usha Devi succumbed to injuries. The accused also inflicted injuries on Usha Devi with kick blows. The accused was demanding money from Usha Devi and when she could not provide money to him, the accused got enraged and inflicted grievous injuries on her head. Smt. Usha Devi died on the spot and the accused threw the stick used by him in the commission of offence on the spot. He ran away from the spot. PW-1 Jyoti Devi on hearing cries of Usha Devi reached on the spot and saw accused person on the spot. She informed the police on telephone regarding the incident. The police visited the spot. The statement of Jyoti Devi under Section 154 Cr.P.C. was recorded. The accused was arrested by the police. The blood stained stick was taken into possession. The police prepared the sketch of the stick on the cloth vide Ext. PW-1/C. The I.O. took photographs on the spot. The blood stained shawl and shirt were also taken into possession by the I.O. which were worn by Smt. Usha Devi, deceased. The post mortem was got conducted. The statements of the witnesses under Section 161 Cr.P.C. were recorded. The investigation was completed and charge-sheet was filed after completing all the codal formalities.

(3.) The prosecution has examined as many as 14 witnesses. The statement of the accused under Section 313 Cr.P.C. was recorded. The accused has pleaded innocence. The learned Trial Court convicted and sentenced the accused, as stated hereinabove.