DEEP KUMAR @ DEEPU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 2.4.2014 rendered by learned Additional Sessions Judge-III, Kangra at Dharamshala in Session Case No. 53-D/VII/12 (Session Trial No. 1/14), whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sections 452, 342, 302 read with Section 34 IPC, has been convicted and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 2,000/- for the commission of offence under Section 452 IPC and in default of payment of fine, to further undergo simple imprisonment for 6 months; to undergo rigorous imprisonment for one year for offence under Section 342 IPC; to undergo rigorous imprisonment for life and fine of Rs. 5,000/- for offence under Section 302 IPC, in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) Case of the prosecution, in a nutshell, is that in the year 2012 deceased Om Parkash was working as a labourer with contractor Neeraj Sharma and was residing in the house of said Neeraj Sharma at village Lunta. On 15.2.2012 he had gone to the house of one Rattan Chand. Deceased Om Parkash had told Rattan Chand that the present accused used to pick up quarrel with him. On 23.2.2012, Rattan Chand received information that Om Parkash was killed inside his room. The matter was reported to the police. His statement was recorded by police under Section 154 CrPC. FIR was registered. Police investigated the matter. During Investigation it was found that in the evening of 21.2.2012, at about 3-4 pm, accused Deep Kumar @ Deepu and Bhota had gone inside the room of Om Prakash and confined him inside the room. They had given beatings to the deceased. Deceased had suffered injuries on his head and other parts of body due to blows given by the accused with Danda, who was also seen with the Danda by the witnesses. One Jaspal had witnessed the occurrence alongwith other labourers. Investigation was complete and the challan was put up in the Court, after completing all the codal formalities.

(3.) Prosecution has examined as many as 22 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He denied the case of prosecution. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal.