VIJENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant-convict Vijender Singh, hereinafter referred to as the accused, has assailed the judgment dated 14.7.2006, passed by Sessions Judge, Solan, Camp at Nalagarh, Himachal Pradesh, in Sessions Trial No.9- NL/7 of 2005/2003, titled as State of Himachal Pradesh v. Satya Devi and others, whereby he stands convicted of the offence punishable under the provisions of Section 304 (second part) and sentenced to undergo rigorous imprisonment for a period of five years and pay fine of Rs. 5,000/- and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) It is the case of prosecution that on 17.7.2003, when Neeta Devi (PW-1) and her sister Achhari Devi were working in their fields, accused Ratti Ram, his wife and sons, who own adjoining fields, came to cut grass from the common boundary. Neeta Devi objected to the same, but nevertheless they continued with the same. Also, Satya Devi picked up a danda and unsuccessfully tried to beat Neeta Devi. However, on her asking, accused persons, namely Ratti Ram, Vijender Singh and Ashwani Kumar gave beatings. In the meantime, Sunehru Devi, grandmother of Neeta Devi, also reached the spot. At that, all the accused persons attacked them with stones and one such stone thrown by accused Vijender Singh hit Sunehru Devi, as a result of which she sustained injuries and fell down. Hearing cries, when Man Singh (PW-2) and Ranjit Singh (PW-3) arrived on the spot, accused ran away. Sunehru Devi was taken to the hospital, first at Nalagarh, where she was examined by Dr. M.R. Verma (PW-5) and thereafter to PGI, Chandigarh, where she was examined by Dr. Rahul Gupta (PW-12). Unfortunately, Sunehru Devi succumbed to the injuries and died on 22.7.2003. In the meanwhile, ASI Prakash Chand (PW-8), Incharge of Police Post, Dabhotta reached the spot and recorded statement of Neeta Devi (Ex.PW-1/B), under the provisions of Section 154 of the Code of Criminal Procedure, on the basis of which FIR No.106/03, dated 17.7.2003 (Ex. PW-10/A), under the provisions of Sections 447, 307, 323, 506, 34 of the Indian Penal Code, was registered at Police Station, Nalagarh. SI Balbir Singh, SHO of the concerned Police Station, conducted investigation on the spot. He collected sample of the blood stained soil; took into possession two stones and a danda (Ex.P-1); got the land demarcated from Patwari Gurcharan Dass (PW-4) and took on record the demarcation report; got the postmortem of the dead body conducted from Dr. Dalbir Singh (PW-11). With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Challan was presented against four accused persons, namely Satya Devi, Vijender Singh, Ashwani Kumar and Ratti Ram. During trial, accused Ratti Ram expired. Hence, appellant-accused Vijender Singh alongwith his co-accused Satya Devi and Ashwani Kumar were charged for having committed offence punishable under the provisions of Sections 302, 447, 323, 506, all read with Section 34 of the Indian Penal Code, to which they did not plead guilty and claimed trial.