ARJUN Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANTS -convict Arjun, hereinafter referred to as the accused, has assailed the judgment dated 31.12.2007, passed by Sessions Judge, Sirmaur District at Nahan, Himachal Pradesh, in Sessions Trial No. 08 -ST/7 of 2007, titled as State of Himachal Pradesh v. Arjun, whereby he stands convicted of the offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 25,000/ -, and in default thereof, to further undergo rigorous imprisonment for a period of three years.

(2.) IT is the case of prosecution that Ghanshyam (PW -1) was residing with his wife Smt. Sunita (PW -5) in the hutments, constructed for housing the labourers engaged by a Private Company for carrying out construction work. On 31.12.2006, at about 9 p.m., Raju (deceased) came to the hut of Ghanshyam for having meals. While Raju was having food, Accused Arjun came and from outside the hut abused Raju. When Raju went out, Arjun gave him a blow with a knife on his chest and thereafter ran away. Incident was witnessed by Ghanshyam (PW -1) and Sunita (PW -5). Hearing noise, independent witness Rajender Kumar (PW -7) also arrived at the spot and witnessed the incident. Sunita went to the houses of the neighbours and on her asking Khem Raj (PW -6) arrived at the spot. Kishore Kumar Pathak (PW -3), Incharge of construction work, was also informed. Injured was carried to the hospital by Raj Kumar (PW -2), Khem Raj (PW -6) and Jeewan Kumar, where he was declared dead. On the report of Ghanshyam (PW -1), police registered FIR No. 96/06, dated 31.12.2006 (Ex. PW -1/A), under the provisions of Section 302 of the Indian Penal Code, at Police Station Renukaji, District Sirmour, Himachal Pradesh. Postmortem of dead body was conducted by Dr. A.V. Raghav, who issued report (Ex. PW -14/B). Police conducted necessary investigation on the spot and also recovered Knife (Ex. P -5). Blood stained clothes of the deceased as also accused were recovered and seized. Report (Ex. PW -15/A to Ex. PW -15/C) of the Chemical Analyst was obtained by the police. Also, report pertaining to finger prints (Ex. PW -16/J) was taken on record. Investigation revealed complicity of the accused in the crime. Hence, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 16 witnesses and the statement of accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took a defence of false implication. According to him, while cutting an iron rod, deceased sustained injury with a chisel and in order to save civil and criminal liability, officials of the company falsely implicated him. Opportunity to lead evidence in defence was afforded, which he did not avail.