KARAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant felt aggrieved by the judgment of conviction and sentence passed against him by the learned Sessions Judge, under section 302 of the Indian Penal Code, for allegedly causing murder of Khushi Ram driver, which has been assailed in the instant appeal on law and facts. In short the admitted facts of the case are that: a) M/S Vardhman group of Industries had organized "Auro Fair" at Baddi for two days, in 1 Whether the reporters of Local Papers may be allowed to see the judgment ? Yes. the month of October, 2002 which ended on 24th day of that month;

(2.) IT is alleged that on reaching there, the appellant started hurling abuses to Khushi Ram deceased and there was a scuffle. However, they were separated by Jai Paul (PW2) Amarnath alias Gogi and Soni (not examined). However, the appellant threatened the deceased to see him later and boarded his vehicle (canter HR-03-4626) which was parked in the ground. He started and brought it in a high speed towards the deceased and dashed him, while he was urinating, as a result of which he fell down, came beneath the said vehicle and was run over. The drivers and cleaners present there raised hue and cry. As soon as they started to lift Khushi Ram, the appellant Karam Chand swerved the vehicle towards them and tried hit them, but they ran for safety and were saved. When the appellant left the place, drivers and cleaners aforesaid lifted Khushi Ram in an unconscious condition, took him to hospital at Baddi in an Indica car of the Company, where he was declared dead. It is alleged that the appellant was envious of the good reputation of the deceased which he was enjoying in the management of the company.

(3.) AFTER preparing the inquest report and taking photographs of the vehicle in question, the dead body was sent for autopsy which was performed by Dr. Bhupesh Gupta (PW13). According to him, the deceased had died on account of head injury leading to cardio pulmonary arrest. The injuries found on the dead body were anti-mortem, which could be caused by hitting with a speedy vehicle.