AMRIT LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been directed against the judgment of conviction and sentence dated 30.3.2007 passed by learned Single Judge, Mandi in Sessions Trial No. 3 of 2006 convicting and sentencing the appellant as follows : - (i)Under Section 304 IPC (second part)R.I. for 5 years and fine of Rs. 50,000/ -. In default to undergo imprisonment for one year. (ii)Under Section 353 IPCR.I. for 1 years and fine of Rs. 1000/ -. In default to undergo imprisonment for 1 months. (iii)Under Section 451 IPCR.I. for 1 years and fine of Rs. 1000/ -. In default to undergo imprisonment for 1 month. All the sentences shall run concurrently and out of the amount of fine, a sum of Rs. 50,000/ - be paid to Smt. Sanjo Devi wife of Ajit Singh, as compensation.

(2.) THE prosecution case, in brief, is that deceased Ajit Singh at the relevant time was working as Chowkidar in Government Senior Secondary School, Dharampur. PW -1 Rakesh Kumar on 21.8.2005 during the day laid lintel on his new house adjacent to his tea shop. Narain Singh was the contractor engaged by Rakesh Kumar for the job. PW -1 made the payment to contractor Narain Singh and three bottles of liquor to the labour. The appellant was also engaged as a labourer for laying the lintel. PW -1 prepared the meals for the labourers who enjoyed till 9 p.m. Thereafter, labourers went to their respective homes including contractor Narain Singh.

(3.) PW -15 Uttam Singh, Sub Inspector, came to know that Ajit Singh had died on way to Mandi. He proceeded to referral hospital, filled up inquest papers Ext.PP. The dead body was got photographed from PW -8 Prithvi Raj. The Investigating Officer moved application Ext.PS for conducting the post mortem on the body of Ajit Singh. PW -9 Dr. Harvinder Singh conducted the post mortem on the dead body of Ajit Singh on 23.8.2005 at about 10 a.m. In his opinion the deceased died of head injury i.e. fracture left temporal bone and left extradural haematoma leading to cardio pulmonary arrest. The doctor issued post mortem report Ext.PE.