MAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment rendered on 2.5.2013 by the learned Sessions Judge, Kullu, Himachal Pradesh, in Sessions Trial No. 68 of 2012 whereby the learned trial Court convicted and sentenced the accused/appellant to undergo the learned trial Court convicted and sentenced the accused to undergo life imprisonment and to pay a fine of Rs. 10,000/ - and in default thereof the accused was sentenced to further undergo simple imprisonment for six months for his having committed an offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the IPC).

(2.) The brief facts of the case are that Bir Singh had invited two deities on 24.4.2012 in his house and on that day, many persons had assembled in his house. On the evening of 25.4.2012, some persons were busy in preparing meal and some were sitting in front of the house of co -accused Moti Ram and were performing 'Kirtan'. At about 11 p.m. Bir Singh went to serve meal to the devotees, namely, Bhag Chand, Beli Ram, Vijay Kumar, Dola Ram, Ram Saran and others, who were performing 'Kirtan'. Accused Man Singh came there and threatened them to stop the 'Kirtan', otherwise he will commit murder. Accused Man Singh left the room and came after about five minutes and had an altercation with Beli Ram. In the meantime, co -accused Moti Ram came there wielding a knife in his hand and stabbed Beli Ram in the chest, who fell on the floor. Beli Ram died on the way to hospital and taken to the house of his brother Sabja Chand. Thereafter, dead body was kept in the house of Sabja Chand and the police was informed by PW -1 Bir Singh. The police visited the spot and recorded the statement of PW -1 Bir Singh under Sec. 154 of the Code of Criminal Procedure, comprised in Ex. PW1/A on the basis of which FIR Ex. PW9/A was registered in the police station. The police conducted the investigation in the case.

(3.) On completion of the investigation, into the offence, allegedly committed by the accused, report under Sec. 173 Cr.P.C. was prepared and filed in the Court.