GURNAM SINGH @ GAMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 14.02.2011/ 19.02.2011, passed by learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No. 13 -I/VII -2010, titled as State of H.P. vs. Gurnam Singh @ Gama, whereby the accused stands convicted of the offence punishable under the provisions of Section 304 (Part -I) of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of 10 years and pay fine of Rs.25,000/ - and in default thereof to undergo simple imprisonment for a period of one year, he has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that on 31.1.2010 at about 2.00 p.m. at Malkhana, Tehsil Indora, accused without any provocation or sufficient cause assaulted deceased Amar Singh. With an intent of causing death, accused gave fist and kick blows to Amar Singh. The incident was witnessed by Sawhni Devi (PW -7), Swarna Devi (PW -8) and Balraj (PW -9). Maan Singh (PW -10), who is the son of the deceased also reached the spot and took the deceased to the hospital. Prior thereto, the deceased lodged a complaint at Police Post Thakurdwara, which led to registration of F.I.R. No. 28 dated 31.1.2010 (Ext. PW -14/A) against the accused at Police Station Indora, Distt. Kangra. Investigation of the case so conducted by ASI Suresh Kumar (PW -13) revealed that the deceased who was referred to the Civil Hospital, succumbed to the injuries on 31.1.2010. Post mortem of the deceased was got conducted on 1.2.2010 by Dr. Raman Sharma (PW -18) and Post Mortem Report (Ext.PW -18/B) taken on record. The cause of death being multiple injuries on the head leading to brain hemorrhage and cardio -respiratory failure. The accused was arrested. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Section 302 IPC, to which he did not plead guilty and claimed trial.