SUBHASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 16.6.2014 rendered by learned Additional Sessions Judge -III, Kangra at Dharamshala, District Kangra, Himachal Pradesh in S.T. No. 3/2014, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences under Ss. 302, 341, 325 and 506 IPC, has been convicted and sentenced to undergo simple imprisonment for one month for the commission of offence under Sec. 341 IPC. He has further been sentenced to undergo rigorous imprisonment for life for the commission of offence under Sec. 302 IPC and to pay a fine of Rs. 10,000/ -, in default of payment of fine, to further undergo rigorous imprisonment for six months. For commission of offence under Sec. 506 IPC, accused has been sentenced to undergo rigorous imprisonment for a period of six months. Case of the prosecution, in a nutshell, is that the marriage of accused was solemnized with Rekha Devi about 12 years ago. Accused used to maltreat his wife. Matter was reported to Police Station Baijnath. On 25.7.2010, complainant Tulsi Ram (deceased) alongwith his wife Bimla Devi and nephew Dinesh Kumar had gone to Pradhan of Gram Panchayat Chhekh to lodge a complaint against accused. Complainant went to the house of their in -laws at village Kholi and took meals. Complainant Tulsi Ram, Bimla Devi and Dinesh Kumar left village Kholi for their village Salehara at 10 pm. Near Kholi, when these persons were going to their house, accused pelted stones on them. Thereafter accused gave Danda blows to Tulsi Ram. He suffered injuries on his head, nose and face. Tulsi Ram raised alarm on the spot. Sarwan Kumar came to their rescue. Accused criminally intimidated Tulsi Ram with dire consequences and to do away with his life. On the next day, matter was reported to the Police. Tulsi Ram was taken to Hospital at Baijnath. Thereafter, he was referred to RPMC Tanda. He was further referred to PGI where he succumbed to the injuries. Matter was investigated and challan was put up after completing all the codal formalities.

(2.) Prosecution has examined as many as 16 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 Cr.P.C. He pleaded innocence. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal.

(3.) Mr. Kulwant, vice counsel, has vehemently argued that the prosecution has failed to prove its case against the accused.