SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 1.7.2015, rendered by the learned Addl. Sessions Judge -II, Shimla, H.P., in Sessions Trial No. 36 -S/7 of 2014, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sec. 302 IPC, has been convicted and sentenced to undergo rigorous imprisonment for life with specific direction that he shall be without parole for initial 10 years and shall also pay a fine of Rs. 2,00,000/ - for the offence punishable under Sec. 302 IPC. In lieu of default of payment of fine, he was further ordered to undergo simple imprisonment for five years in addition to the life imprisonment.

(2.) The case of the prosecution, in a nut shell, is that on 27.9.2013, information was received in the Police Station Dhalli to the effect that one Dhani Ram has died at place Purani Kothi Mashobra. On this information, in order to verify the facts, SHO Madan Lal along with HHG Rajinder Kumar visited the spot. On the spot HC Ashish and Const. Geeta Ram were already present. Sh. Duni Chand brought the matter to the notice of the police that deceased Dhani Ram and accused Sunil Kumar were engaged as labourers with Contractor Subhash Kaushal for construction of residential house of Paramjeet Kaur at Purani Kothi. On 27.9.2013, at about 8:30 AM, complainant Duni Chand was informed by Subhash Kaushal that his uncle Dhani Ram has died. On reaching the spot, he found that the deceased was lying on the upper storey and had sustained injury on his head with blunt weapon. The complainant had raised suspicion that the accused might have murdered the deceased as he had been picking up quarrel with the deceased. The investigation was carried out. The statement of Duni Chand was recorded under Sec. 154 Cr.P.C. vide Ext. PW -13/A. FIR Ext. PW -11/A dated 27.9.2013 was registered. The medical examination of accused was got conducted. MLC is Ext. PW -18/J. Accused made the disclosure statement vide Ext. PW -13/C that he has kept the shovel inside the newly constructed house of Param Jeet Kaur. It was taken into possession vide Ext. PW -13/D. The post mortem was got conducted at IGMC, Shimla. It was opined that the deceased died of ante mortem head injury. The case property was deposited with MHC, PS Dhalli. The same was sent to FSL, Junga vide RC No. 145/13 and 148/13. 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 24 witnesses. The accused was also examined under Sec. 313 Cr.P.C. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.