SUREN PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT -convict Suren Pal, hereinafter referred to as the accused, has assailed the judgment dated 30.4.2008, passed by the Presiding Officer, Fast Track Court, Hamirpur, Himachal Pradesh, in Sessions Trial No. 12 of 2007, titled as State of H.P. v. Suren Pal and another, whereby he stands convicted of the offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.25,000/ - and in default thereof to further undergo rigorous imprisonment for two years.

(2.) IT is the case of prosecution that on 20.12.2007 at about 7.30 p.m., Pardeep Kumar (deceased) alongwith Suresh Kumar @ Bittu came to the shop of Pawan Kumar (PW -2), where Sanjay Kumar (PW -1) was sitting with his brother Bachhittar Singh. After shaking hands with him, Suresh Kumar and Pardeep Kumar left the shop from the back door and went towards the pond, where, Sunil Kumar @ Sillu, Vikram Singh @ Mouni, Virender Kumar (PW -4) @ Dimpy and accused Suren Pal were sitting. Deceased shook hands with all, except for accused Suren Pal. At that accused asked the deceased "son, how are you". Deceased objected to the manner in which he was addressed and advised to speak in a decent manner, as he was elder in age, at which accused abused and tried to physically assault the deceased. Accused pounced upon the deceased and also scratched his body. However, deceased was rescued by the persons present on the spot. After some time deceased left the pond towards the shop of Pawan Kumar. However, from behind, accused came and gave a blow with a Khukhri (Ex. P -7) on the vital part of the deceased. Also, Pawan Kumar, Sanjay Kumar, Surinder (PW -3) and Virender (PW -4) saw the accused, after giving blow with a Khukhri, fleeing away from the spot. Leela Devi (PW -6), mother of the deceased, was informed. With the help of persons present on the spot, she took the deceased in a vehicle, driven by Raj Kumar (PW -7), to the hospital, where he was declared having brought dead.

(3.) ACCUSED Suren Pal and his co -accused Pankaj were charged for having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code to which they did not plead guilty and claimed trial.