MAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 24.9.2011, rendered by the learned Sessions Judge, Kinnaur at Rampur Bhushar, H.P. in Sessions Trial No. 51 of 2010, whereby the appellantaccused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 302 and 323 IPC, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/ - and in default of payment of fine to further undergo simple imprisonment for four months under Section 302 IPC. The accused was further sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 3000/ - and in default to further undergo simple imprisonment for 3 months under Section 323 IPC.

(2.) THE case of the prosecution, in a nut shell, is that on 6.7.2010 complainant Sanju Devi (PW -1) alongwith Bhishma and Suchi, daughter of her Jeth (deceased), was sleeping in the room on the upper storey. The deceased had slept in the room located in the lower storey. The accused had consumed liquor and slept in the room where his mother was sleeping. Since the accused was of violent nature, he used to keep Darat with him. On the intervening night of 6/7 -7 -2010, at about 2:00 AM, he knocked at the door of her room and started hurling abuses at his mother and brother. At about 9:00 AM, when she heard the sound of someone moving in the verandah, she opened the door and saw the deceased trying to make the accused understand by standing in the verandah, in front of the door of the room in which her mother -in -law was sleeping. In the process, the accused, brought a Darat and gave its blows on the head of the deceased. When Chhotu tried to snatch the Darat, she also sustained injuries on the right hand. On hearing the noise, Smt. Surendra, her jethani, also came out. In the meantime, the accused jumped from the verandah and ran away. The deceased died to the injuries. The site plan was prepared and photographs of the dead body were taken. The post mortem was got conducted. The viscera was sent to FSL and report was obtained. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) THE prosecution, in order to prove its case, has examined as many as 14 witnesses. The accused was also examined under Section 313 Cr.P.C. He has denied the prosecution case. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.