BHIM SEN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered in Sessions Trial No. 49 of 2012 by the learned Sessions Judge, Kullu on 2.4.2013, whereby the appellants -accused (hereinafter referred to as accused) who were charged with and tried for offences under Sections 302, 323 and 341 read with Section 34 IPC and each of the convict have been sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/ - and in default to undergo simple imprisonment for six months for the commission of offence punishable under Section 302 read with Section 34 IPC. Each of the convict has been further sentenced to undergo simple imprisonment for six months and to a pay fine of Rs. 500/ - each and in default to undergo simple imprisonment for 10 days for the commission of offence punishable under Section 323 read with Section 34 IPC.

(2.) THE case of the prosecution in nut shell is that PW 7 Sanjay Sain, was running a Dhaba at Bashing and accused alongwith Sanjay Kumar, Amar Singh, children in conflict with law, and deceased Yashpal Soni were working in a Dhaba. PW -7 Sanjay Sain gave a bottle of country liquor to these persons to celebrate his birthday. Deceased Yashpal Soni was Head Cook in the Dhaba and in the absence of PW -7 Sanjay Sain, he used to run the Dhaba. The accused and deceased were provided accommodation in the ground floor of the Dhaba. On 20.4.2012, PW -5 ASI Ghambhir Chand, HHC Ram Saran and HHG Narender were on routine patrolling duty at about 1:10 am in the vehicle bearing registration No. HP 34 -0049 as per Rapat Ext. PW -3/C. When they reached near Gammon bridge, they noticed that accused persons, alongwith children in conflict with law, were giving beatings to deceased Yashpal Soni. Thereafter, police party brought injured Yashpal Soni and accused persons to the police station and Yashpal Soni was shifted to RH, Kullu. PW -9 Dr. Mahesh Kumar examined the injured Yashpal Soni and certified that he was not fit to make statement. The accused were also medically examined. FIR was registered on the statement Ext. PW -5/A. Deceased Yashpal Soni succumbed to the injuries. The I.O. on 20.4.2012, visited the spot and prepared spot maps Ext. PW -12/B and Ext. PW -12/C. The case property was sent to RFSL, Gutkar for chemical examination and reports of FSL Ext. PW -2/E and Ext. PW -2/F were obtained. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) MR . Bhupinder Ahuja, learned legal aid counsel appearing for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, learned Additional Advocate General, has supported the judgment of the learned Sessions Judge dated 2.4.2013.