VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 23.5.2009, rendered by the learned Sessions Judge, Kangra at Dharamshala, H.P. in Sessions Case No. 24 -P -VII/2008(2007), whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 302 & 506(II) IPC, has been convicted and sentenced to undergo simple imprisonment for life and to pay a fine of Rs. 30,000/ - and in default of payment of fine to further undergo simple imprisonment for one year under Section 302 IPC.

(2.) THE case of the prosecution, in a nut shell, is that on 25.9.2006, at Panapar at about 11:00 AM, the accused person had inflicted an iron spade blow on the head of Sarwan Kumar (deceased) with intention to kill him. He sustained fatal injuries and died subsequently. The accused had also threatened Reshan Devi, wife of the deceased, to kill her, in case she reported the matter to the doctor or to any other person. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Surinder Saklani, Advocate for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. P.M. Negi, learned Dy. Advocate General, appearing on behalf of the State, has supported the judgment of the learned trial Court dated 23.5.2009.