BALDEV Vs. STATE OF H.P.

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment of the trial Court, hence they are being decided by a common judgment.

(2.) Appellants-convicts Fagnu, Hoshiara & Kabli (in Cr.A No.436/2008) and Baldev alias Baloo (in Cr.A No.369/2008), hereinafter referred to as the accused, have assailed the judgment dated 2.6.2008/3.6.2008, passed by Additional Sessions Judge, Fast Track Court, Chamba, Himachal Pradesh, in Sessions Trial No.18/2008/07, titled as State of Himachal Pradesh v. Kabli and others, whereby they stand convicted for having committed an offence punishable under the provisions of Section 304-I read with Section 34 of the Indian Penal Code and sentenced each one of them to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 10,000/- each, and in default thereof to further undergo rigorous imprisonment for a period of two months.

(3.) It is the case of prosecution that on 7.10.2006, at about 5 p.m., Ako (PW-7) alongwith Lal Hussain (deceased) were grazing buffalos in Jhaiyan Nullah. Allegedly their buffalos entered the fields of accused persons. This led to a quarrel between the two parties. Accused pelted stones on Lal Hussain and Ako (PW-7). Also, scuffle took place in which these persons sustained injuries. Incident was witnessed by Noor Mohammed (PW-1) and Ms Seena (PW-8). Matter was reported to the police by PW-7 and FIR No.73/06, dated 8.10.2006 (Ex. PW-4/A), under the provisions of Sections 302, 323, 34 of the Indian Penal Code, was registered at Police Station, Tissa, District Chamba, Himachal Pradesh. Investigating Officer, after visiting the spot, collected incriminating material, including Danda (Ex.P-7) and stones (Ex. P-1 & P-2), which were used as weapons. Investigation revealed that Lal Hussain died on account of the injuries sustained by him. Postmortem of the dead body was conducted by Dr. Ashok Singh Parmar (PW- 3), who issued postmortem report (Ex. PW-3/B), after taking into account report of Forensic Science Laboratory. With the completion of investigation, which revealed complicity of the accused in the crime, challan was presented in the Court for trial.