SATISH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment, dated 08.03.2006, rendered by the learned Presiding Officer, Fast Track Court, Mandi, H.P. in Sessions Trial No. 18/2004, 79/2005, whereby the appellant-accused, who was charged with and tried for offence under Section 302 of the Indian Penal Code, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo further imprisonment for a period of one year.

(2.) Case of the prosecution, in a nut-shell, is that Karam Singh (PW-1) was employed as a driver in Tata Sumo bearing registration No. HP-01-M-3659. He had gone to Panarsa on 22.01.2004 at about 10:30 a.m. in a barat and about 7-8 persons were occupying the vehicle of Karam Singh. There were two other vehicles carrying baratis. The barat reached panarsa at about 1:00 p.m.. Girdhari Lal (PW-2) was also in the barat. The accused had also gone in a barat to Panarsa. Deceased Suman Kumar had also gone in the barat in the vehicle being driven by Karam Singh (PW-1). When at Panarsa the baratis were taking meals, then some altercation took place between the accused and the deceased, as the deceased objected to the act of dispersing rice by the accused at which the accused and the deceased grappled with each other. The fight was averted by Girdhari Lal (PW-2). The baratis left for village Jugahan at about 5:30 p.m. While returning to village Jugahan, the deceased and PW-2 were occupying the vehicle of PW-1, whereas the accused was occupying the vehicle in which bridegroom was sitting.

(3.) The prosecution has examined as many as 10 witnessed to support its case. The accused was also examined under Section 313 of the Cr. P.C. Accused denied the case of the prosecution. The accused was convicted and sentence, as noticed hereinabove. Hence, this appeal.