HANS RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 29.11.2010 and consequent order dated 30.11.2010, of the learned Addl. Sessions Judge (I), Kangra at Dharamshala, rendered in Sessions Case No. 7-P/2009, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence under Section 302 IPC, was convicted and sentenced with rigorous imprisonment for life and to pay fine of Rs. 20,000/- and in default of payment of fine, the accused was sentenced to undergo further simple imprisonment for six months.

(2.) The case of the prosecution, in a nut shell, is that on 18.11.2008, at around 4:00 PM, at Village Punder Dakrair, Seema Devi alongwith Anju Devi and Kirna Devi were sitting in 'varandah' and peeling the 'PAITHA'. The father-in-law of PW-2 Seema, namely Parkash Chand went to bring sheep which were grazing near the cow shed. When PW-2 Anju Devi and PW-6 Seema Devi heard three sounds of danda blows given to their father-in-law Parkash Chand, they screamed. PW-1 Kamla Devi, PW-2 Anju Devi and PW-6 Seema Devi, later saw the accused armed with Danda and Darat. He was running towards his house. PW-1 Kamla Devi, PW-2 Anju Devi and PW-6 Seema Devi went to the spot and found that Parkash Chand was sitting in the field with his hands on his head and there were deep wounds on his head.

(3.) The prosecution has examined as many as 18 witnesses. The statement of the accused under Section 313 Cr.P.C. was recorded. The accused has denied the case of the prosecution. According to him, he was innocent and falsely implicated in the present case. The learned Trial Court convicted and sentenced the accused, as stated hereinabove.