RAMESH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT (hereinafter referred to as the "accused") has instituted this appeal against the judgment dated 29.10.2007 rendered by the Additional Sessions Judge -II, Kangra at Dharamshala in Session Case No. 19 -G/VII/2002 whereby accused, who was charged with and tried for offences under sections 304(ii) and 323 of the Indian Penal Code has been convicted and sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 10,000/ - under section 304(ii)) of the Indian Penal Code and in default of payment of fine, he was ordered to further undergo simple imprisonment for one year. He was also sentenced to undergo imprisonment for six months under section 323 of the Indian Penal Code with a fine of Rs. 1,000/ - and in default of payment of fine, he was further ordered to undergo simple imprisonment for one month. Both the sentences were to run concurrently.

(2.) CASE of the prosecution, in a nutshell, is that PW -2 Kusam Lata wife of Surinder Kumar made a statement under section 154 of the Code of Criminal Procedure on 21.9.2000 stating therein that she is resident of the village. She had gone for grazing her cow on the road side. When she was grazing her cow on the road side, accused lifted stones from the road side and pelted over her. The stones hit her and her daughter, who was in her lap. They received injuries. She raised hue and cry, on which Sunil Pal came on the spot. Accused ran away from the spot. Thereafter, she took her daughter to private doctor at Shard Dogri. The doctor advised her to get her medically examined. She came back to her house and in the evening disclosed everything to her husband. She gave local treatment to her daughter. When the daughter did not recover, her husband took her on 19.9.2000 to Dehra Hospital. Raksha Devi died as a result of injuries and her husband brought the dead body of her daughter to the house. She was buried in the evening. Her husband telephonically informed Gaya Prashad resident of Jawalamukhi to inform the police. Police came on the spot and recorded her statement under section 154 of the Code of Criminal Procedure. Thereafter, FIR was registered against the accused. The matter was investigated by the police and challan was put up in the court for offences punishable under sections 304(ii) and 323 of the Indian Penal Code.

(3.) MR . Anup Chitkara has vehemently argued that the prosecution has miserably failed to prove its case against the accused.