STATE OF HIMACHAL PRADESH Vs. RATTAN SINGH

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment/order dated 2/3.8.2012, rendered by the learned Addl. Sessions Judge (FTC), Shimla, H.P. in Sessions Trial No. 1 -S/7 of 2011, whereby the respondent -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 302 IPC, has been convicted and sentenced under Section 304 Part II IPC for rigorous imprisonment for three years and to pay fine of Rs. 5,000/ - and in default to further undergo simple imprisonment for a period of six months.

(2.) The case of the prosecution, in a nut shell, is that on 22.7.2010 at about 11:30 PM, MO Civil Hospital, Jubbal informed the police telephonically that one dead body was brought to the hospital. After receiving the information SHO along with other police officials went to the Civil Hospital, Jubbal where one Prem Singh s/o Manjhu Ram got his statement recorded under Section 154 Cr.P.C. He informed the police that for the last five years, he was working as road roller driver with Rajinder Singh Negi alias Bittu, Contractor. One Avtar Singh, resident of Uttrakhand, was also driver of truck/tipper and working with Rajinder Singh Negi for the last three years. The metalling/tarring work of Barthata -Mural road was in progress. They hired accommodation at Batar Galu in the house of one Rinku. On 22.7.2010 at about 9:30 PM, he along with Avtar Singh had dinner in the hotel of Viru Nepali. After taking dinner, they were returning to their quarter. While on way to their rented accommodation, Avtar Singh desired to smoke with Rattan Singh, resident of Bihar and running a barber shop at Batar Galu. Rattan Singh had also hired accommodation in the building of Rinku. Avtar Singh knocked at the shutter of the shop of Rattan Singh. Rattan Singh opened the shutter and at that time one Nepali was also along with him. The moment Avtar Singh asked about his well being, Rattan Singh replied in anger and asked him as to why he was kicking shutter of his shop. An altercation took place between both of them. In the process, Rattan Singh opened the drawer of his shop and took out a scissor and stabbed Avtar Singh on his chest. Avtar Singh fell down in the shop. Rattan Singh threw the scissor on the spot and ran away towards Barthata. After hearing noise, Chhotu, Aju, Sanjay and other workers of Rajinder contractor came to the spot and caught hold of Rattan Singh near the shop of one Pankaj Chhajta at Batar Galu. They took Avtar Singh in a Pick -up vehicle to Jubbal hospital for treatment. The doctor declared him "brought dead". The dead body was brought to IGMC, Shimla and post mortem examination was conducted. The accused made disclosure statement to the effect that the concealed scissor was in his shop in a drawer and he could get the same recovered. The scissor was recovered. On completion of the investigation, challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as twenty one witnesses. The accused was also examined under Section 313 Cr.P.C. According to him, he did not stab the deceased. He admitted that he had altercation with deceased on the matter as to why he had kicked his shutter. During the scuffle, he fell down on the ground along with Avtar and something pricked the chest of Avtar Singh. He is innocent and he did not run away from the spot. The learned trial Court convicted the accused under Section 304 Part II IPC, as noticed hereinabove. Hence, this appeal.