RAJU RAWAT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 21.12.2012 rendered by the Addl. Sessions Judge, Fast Track Court, Kangra at Dharamshala in Sessions Trial No. 23/2012, whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 302 of the Indian Penal Code has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of one year.

(2.) CASE of the prosecution, in a nutshell, is that Jatinder Rawat (deceased), Raju Rawat and Arjun Rawat were employed as workers in the Krishna Foods Products Factory at Muhin, District Kangra. It was owned by P.W. - 1 Bhag Singh. On 5.6.2011, accused Raju Rawat had gone to Hoshiarpur in connection with factory work. He came back in the evening. He brought a bottle of beer with him. When he reached in the factory, he received information that Sanjay Rana son of Bhag Singh was stranded at place Sunehat due to snag in his vehicle. A vehicle was sent to bring him back. Chuni Lal, Raju Rawat and Dalbir went in the vehicle to Sunehat and brought back Sanjay Rana to his house. In the evening Arjun, Chander Dogra and Jatinder Rawat were taking liquor in the compound of the factory. Altercations took place between accused and Jatinder Rawat on sharing of liquor. Jatinder Rawat was demanding beer from the accused and accused demanded liquor from Jatinder Rawat. Thereafter, all the persons went to sleep. Accused and Jatinder Rawat slept inside the room on upper floor of the factory as all the labourers used to sleep within the campus of factory. In the morning of 6.6.2011, Chuni Lal, cook of the factory, prepared breakfast and in the meantime, Sanjay Rana came there at about 9.00 A.M. Chuni Lal went to the room where Jatinder Rawat and Raju Rawat were sleeping to come down to breakfast. He noticed that Jatinder Rawat was lying dead in the room. Sanjay Rana and Bhag Singh were informed about the occurrence. This incident was told by them to Pradhan Gram Panchayat. She reported the matter to the police. Police visited the spot and recorded the statement of P.W. - 1 Bhag Singh under section 154 of the Code of Criminal Procedure. The investigation was carried out. The accused was found missing. Later on, weapon of offence was recovered and accused after arrest identified the place and weapon. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Anoop Chitkara, learned counsel for the accused, has vehemently argued that the prosecution has failed to prove its case against the accused.