BIAS DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order, dated 25.03.2013, rendered by the learned Additional Sessions Judge, Fast Track Court, Chamba, District Chamba, H.P., whereby the appellant -accused, who was charged with and tried for an offence punishable under Section 302 of the Indian Penal Code, has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 20,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) CASE of the prosecution, in a nut -shell, is that complainant Manoj Kumar (PW -1) on 11.03.2012 around 12 noon was in his courtyard with his cattle and his deceased father Balo Ram was helping him. Prithi Chand (PW -2) and Kamla Devi (PW -5) were sitting on the lintel of cow shed of complainant Manoj Kumar (PW -1). Complainant had already tied four animals and the fifth animal ran away towards the house of accused. His father deceased Balo Ram followed to bring that animal back. But, in the meanwhile, the accused who was armed with axe, attacked Balo Ram on his scalp with force. Deceased Balo Ram started bleeding profusely and raised screams. Complainant Manoj Kumar (PW -1) rushed to the spot and in the meanwhile his uncle Prithi Chand (PW -2), his wife and sister -in -law Kamla Devi (PW -5) also reached on the spot. After a while, Desho brother and mother of accused also came to the spot and lifted deceased Balo Ram and brought him to the road side on cot. Deceased Balo Ram was brought to R.H. Chamba, where he was declared dead by the doctor. Statement of complainant Manoj Kumar (PW -1) was recorded vide Ex. PW 1/A. Post mortem was got conducted on next day, i.e., 12.03.2012 at the instance of police. FIR Ex. PW 14/B was registered. Blood soil was lifted from the spot. Accused made a disclosure statement on 13.3.2012 vide Ex. PW 3/A under Section 27 of the Indian Evidence Act in the presence of Moti Ram (PW -3) and Amko Ram that he had kept axe used by him as weapon of offence against deceased Balo Ram at the place of which he had exclusive knowledge and that he would get the same recovered from his house. Thereafter, axe Ex. P6 was recovered. The investigation was completed and the challan was put up after completion of all the codal formalities.

(3.) MR . C.D. Negi, learned Legal Aid Counsel for the appellant has vehemently argued that the prosecution has failed to prove the case against the appellant.