KULDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This jail appeal stands preferred by the appellant -accused Kuldeep Singh, assailing the judgment dated 29.11.2012, passed by learned Addl. Sessions Judge, Fast Track Court, Chamba, District Chamba, H.P., in Sessions Trial No. 29/12/11, titled as State of H.P. v/s. Kuldeep Singh, whereby he stands convicted for having committed an offence punishable under the provisions of Sec. 304 (Part -II) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 7 years and pay fine of Rs. 20,000/ - and in default thereof to further undergo rigorous imprisonment for a period of six months.

(2.) It is the case of prosecution that accused owns an apple orchard at a place known as Baloli. For the year 2010 his son Sukhjinder Singh (PW -15), had sold the crop to contractor Hari Singh (PW -9). On 8.9.2010, the said Contractor had directed his employees Chuhru Ram (PW -1) and Dhian Singh (deceased) to carry the apple boxes to the road. As such, they engaged the services of a mule contractor and at about 9.30 a.m., went to the orchard. There, without any provocation or sufficient cause, accused pelted stones at them. One cement brick directly hit deceased Dhian Singh on his head causing injuries. The matter was immediately brought to the notice of Vipan Kumar (PW -8) who telephonically informed the police. Report (Ext. PW -12/A) was recorded and police party headed by Inspector Brij Mohan (PW -16) rushed to the spot where statement of Chuhru Ram, under the provisions of Sec. 154 Cr.P.C. (Ext. PW -1/A) was recorded on the basis of which F.I.R. No. 83/2010, dated 8.9.2010 (Ext. PW -12/B) came to be registered against the accused at Police Station Tissa, Distt. Chamba, under the provisions of Sec. 302 IPC. Unfortunately Dhian Singh succumbed to the injuries and died on the spot. Police conducted the investigation and after preparation of the inquest reports (Ext. PW -8/A and 8/B), sent the dead body for post mortem which was conducted by Dr. Rishi Puri (PW -2) who opined the deceased to have died as a result of head injury leading to fracture of the occipital bone, resulting into hemorrhage of brain leading to shock and death. 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 Sec. 302 IPC, to which he did not plead guilty and claimed trial.