LAKHWINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 30.6.2010 of the learned Sessions Judge, Una, H.P., rendered in Sessions Trial No. 2 of 2010, 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 to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine, the accused was sentenced to undergo simple imprisonment for two years.

(2.) THE case of the prosecution, in a nut shell, is that on 2.8.2009 at 'Tibbia Wali Gali' abutting the house of the accused person was being repaired. Sh. Rakesh Kumar Up Pradhan had been supervising the work. The muster roll Ext. PW -5/C had been issued for the purpose of the Block. PW -1 Santosh Kumari, PW -2 Sharda Rani, PW -3 Baksho Devi, PW -4 Suresh Kumari and one Sh. Som Nath, amongst others, had been working for the repair work. PW -7, Suresh Kumar was directed to provide sand, stones and grit for the repair work. At about 4 -4:15 PM, PW -1 to PW -4 as also Som Nath and Shashi had been taking rest. They had been sitting close to the boundary wall of the house of the accused person. PW -7, Suresh Kumar had taken trolley of the stones and grit for the work in question. It was a rainy season. The tractor -trolley was stuck up at some distance from PW -1 to PW -4. PW -7, Suresh Kumar had sent for the work force and male members had gone to extricate the tractor -trolley. PW -7, Suresh Kumar switched on the engine of the tractor. The accused person armed with scythe (darat) Ext. P -6, reached the back side of Som Nath and inflicted multiple blows with darat Ext. P -6, on the neck and right side of the face of Som Nath. Sh. Som Nath cried for life but the men at work due to tractor noise could not hear him. The workmen got terrified. Som Nath fell down. The accused escaped from the spot and went towards the Swan river. PW -7, Suresh Kumar immediately contacted PW -5, Bishan Dass and the police through his mobile phone. PW -5, Bishan Dass directed Up Pradhan to rush the work site. PW -5 had also left for the work site. PW -9, Gian Chand reached the spot. The deceased was taken to District Hospital. Medical Officer examined Som Nath at 5:25 PM and found him unfit to make statement. Som Nath was referred to P.G.I., Chandigarh. He succumbed to injuries on 3.8.2009 at 6:45 AM. The post mortem was conducted by PW -14 Dr. Dalbir Singh. The post mortem report is Ext. PW -14/A. The weapon of offence i.e. darat was recovered. The statement of PW -1, Santosh Kumari was recorded under Section 154 Cr.P.C. i.e. Ext. PW -1/A. FIR Ext. PW -19/A was registered. The accused was arrested on 4.8.2009 at 7:15 AM. The police investigated the matter and challan was put up after completing all the codal formalities.

(3.) MR . Lakshay Thakur, Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Ramesh Thakur, Asstt. Advocate General, has supported the judgment of the learned Sessions Judge, Una, H.P., dated 30.6.2010.