SHIV KUMAR YADAV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CONVICT has assailed the judgment dated 7.5.2008, passed by Additional Sessions Judge, Solan, Camp at Nalagarh, in Sessions Trial No. 14 -NL/07 of 2007, titled as State of Himachal Pradesh v. Shiv Kumar Yadav, whereby appellant -accused (hereinafter referred to as the accused) stands convicted and sentenced to undergo imprisonment for life and pay fine of Rs. 10,000/ - in relation to offence punishable under the provisions of Section 302 of the Indian Penal Code; and to undergo rigorous imprisonment for five years and pay fine of Rs. 5,000/ -, in relation to offence punishable under the provisions of Section 458 of the Indian Penal Code, in default of payment of fine, accused to further undergo simple imprisonment for a period of one year, in relation to each of the offences.

(2.) IN brief, it is the case of prosecution that accused used to visit Shamshad, tenant of Dildar Mohammad (P.W. 1), in village Harraipur, Tehsil Nalagarh, District Solan, Himachal Pradesh. Relations between them were not cordial. On 6.6.2007 at about 5.30 a.m., one Rattan Lal came to the house of PW -1 where he noticed Salim lying in a pool of blood. Rattan Lal raised alarm. Salim was immediately rushed to the hospital at Nalagarh, where he was declared dead. Information was passed on by the Medical Officer, Nalagarh, to Police Station, Baddi. Police party, headed by SI R.S. Thakur (Investigating Officer), HHC Jasbir Singh, HC Sewa Singh, Constable Ashok Kumar, rushed to the hospital. Information was recorded in the Daily Diary (Ex. PW -7/A). Inquest report (Ex. PW -2/A) prepared and dead body of Salim (hereinafter referred to as the deceased) sent for postmortem. Statement of Dildar Mohammed (PW -1) father of the deceased, under provisions of Section 154 of the Code of Criminal Procedure (Ex. PW -1/A) was recorded in the hospital. Ruka (Ex. PW -8/A) was prepared and sent to the police station, Baddi, District Solan, H.P., where FIR No. 88/07, dated 6.6.2007 (Ex. PW -7/B), under the provisions of Section 302 of the Indian Penal Code, was registered.

(3.) ACCUSED was charged for having committed an offence, punishable under the provisions of Sections 302 and 458 of the Indian Penal Code, to which he did not plead guilty and claimed trial.