VED PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of the learned Addl. Sessions Judge, Kinnaur at Rampur, Himachal Pradesh, rendered on 04.07.2011 in Sessions trial No. 34 -AR/7 of 2010, whereby, the learned trial Court convicted the accused for his having allegedly committed the offence punishable under Section 302 of the Indian Panel Code (hereinafter referred to as "IPC") and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/ - and in default of payment of fine, sentenced him to suffer simple imprisonment for one year.

(2.) THE facts relevant to decide the instant case are that on 23.6.2009 a tournament was organized at village Dudh Bahali by Yuvak Mandal of Village Jahu Deem. Accused Ved Prakash was the President of the Organizing Committee and PW8 Hari Singh was invited as Chief Guest. In the tournament the team of Baragaon emerged as winner and the team of village Jahu Deem was runners up. The prizes were distributed to the winner and runner up team by PW8 Sh. Hari Singh. During the prize distribution function, an altercation had taken place between the accused and deceased Bhupinder and the accused had threatened the deceased with dire consequences. After the tournament was over deceased Bhupinder, Sunil Kumar, Satish Kumar, Raju, Jatti Ram, Kaku Ram and Pramod Kumar went to nearby fields for a party in which they consumed liquor. After the party was over, all of them came to the ground. Thereafter, Sh. Sunil Kumar and Raju went to the house of Sh. Satish Kumar for dinner and after taking their dinner they left for their houses. When they reached near the ground, they found the deceased lying there in an injured condition and he told them that he was attacked by accused Ved Prakash with 'Khukhari'. Sunil Kumar and Raju got scared and both of them fled away. At about 9.30 P.M., PW12 Bela Singh, visited the house of the deceased and informed his mother and brother, Sh Surender Singh that somebody was quarreling with his brother at the place where tournament was held. Upon this Surender Singh and his mother visited the spot and found deceased Bhupinder Singh lying there with bleeding injury on his neck. Surender Singh along with Sh. Hari Singh brought the deceased to hospital at Narkanada but the doctor declared him dead. The information about this occurrence was given by Satish Kumar in Police Station, Rampur on telephone at about 11.40 PM which was recorded in the daily diary of the police station at Sr. No.39. After receiving this information, SI Brij Lal visited PHC Narkanda where the dead body of deceased Bhupinder was lying. He conducted inquest over the dead body of the deceased and thereafter he sent the dead body to IGMC, Shimla for postmortem examination. On 24.6.2009, SI Brij Lal visited the spot where he recorded statement of Surender Kumar, brother of the deceased under Section 154, Cr.P.C., on the basis of which FIR was registered in Police Station, Rampur against the accused under Section 302, IPC. During the course of investigation chappal was recovered from the spot which the accused was wearing on the date of occurrence. The accused was arrested and on the basis of his disclosure statement, he got recovered the khukhari which was concealed by him under the stone near water kuhal below village Naula. The postmortem of the dead body of the deceased was conducted in IGMC, Shimla by Dr. A.K. Sharma and Dr. Sangeet Dhillon and they opined that the deceased died due to hemorrhagic shock as a result of ante mortem cut throat injury.

(3.) ON conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.