KULDEEP CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 30.7.2014, rendered by the learned Addl. Sessions Judge -I, Solan, H.P. in Sessions Trial No. 16 -NL/7 of 2012, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 302 IPC, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 30,000/ - and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that in the year 2012, M/s. Gurmail Chaudhary Labour Contractor, Baddi, had supplied some labourers to M/s. Jupiter Solar Power Ltd., Baddi. Dalip Kumar (deceased) son of Roop Lal was on roll of the said company as labourer. He was working with M/s. Jupiter Solar Power Ltd., Baddi in March, 2012. He was residing in House No. A -50, Kailash Vihar, Baddi. The residence of the accused was situated across the security guard post of M/s. Shree Cosmetics Company. He was residing in the ground floor of the building and had taken room on rent through Devinder Wallia (PW -16) on monthly rent of Rs. 2500/ -. Deceased Dalip Kumar was peon in M/s. Jupiter Solar Power Ltd., Baddi and was working under the accused. Sh. Manish Kumar (PW -25), was posted as security guard in Shree Cosmetics Company, Baddi. In the intervening night of 15/16.3.2012, at about 3:00 AM, accused approached him and asked him about the supervisor. He told that supervisor had left for his house and accused asked him to contact the supervisor. But, Manish Kumar PW -25, could not contact him as he was not having balance in the mobile. Thereafter, accused went back. Manish Kumar PW -25 found hands of the accused smeared with blood and even on the next morning when he went out for a round of company premises and found blood drops on the ground where accused was standing. Sh. Sudershan Jamwal PW -5 was Director of M/s. Jupiter Solar Power Ltd.. On 16.3.2012, at about 3:07 AM, he received a call from accused that an incident had taken place in his quarter. He informed that peon Dalip Kumar had come to his quarter in the evening and stayed there for a night. Accused also informed him that Dalip Kumar sustained injuries and there was lot of blood. PW -5 asked accused whether Dalip Kumar was alive or not. Accused replied that he did not know. Thereafter PW -5, immediately rang up Sh. Deepak Sharda (PW -9), Manager HR and Sh. Nagpal (PW -8), Administrative Officer, informing them about the incident having taken place in the quarter of accused and asked them to reach the Company immediately. Sh. Sudarshan Jamwal went to Company premises, immediately, where he met Sh. Nagpal and he called Sh. Dinesh Kumar, driver (PW -10) through security guard (PW -7). They all went to the quarter of accused. They saw accused standing outside his door with one hand on his neck and another hand raised up. He was bleeding. They found Dalip Kumar lying on the floor bleeding in the quarter of accused and blood was found all around in the room. Accused alongwith Dalip Kumar were taken to NRI Hospital, Baddi, in a vehicle for treatment. Accused was immediately attended to by the doctor and given first aid. Sh. Deepak Sharda PW -9 informed ASI Rakesh Kumar PW -21 over telephone about the incident having taken place at Kailash Vihar. ASI Rakesh Kumar alongwith other police officials came to NRI Hospital, Baddi. He found dead body of Dalip Kumar lying there. Dalip Kumar was declared dead by the doctor. The accused was sent to PGI, Chandigarh for treatment. Rukka Ext. PW -3/A was prepared. FIR Ext. PW -3/B was registered. The knife Ext. P -2 was taken into possession. Doctor Atul Bhardwaj conducted autopsy on 16.3.2012. The accused was also medically examined. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Satyen Vaidya, Sr. Advocate for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. M.A. Khan, Addl. Advocate General, appearing on behalf of the State, has supported the judgment of the learned trial Court dated 30.7.2014.