LAWS(HPH)-2009-5-31

STATE OF H.P. Vs. RAKESH KUMAR

Decided On May 06, 2009
STATE OF H.P. Appellant
V/S
RAKESH KUMAR Respondents

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of acquittal of the accused -respondent by the Division Bench of the Himachal Pradesh High Court whereby the High Court acquitted the accused -respondent after he was found guilty under Section 302 of the Indian Penal (for short the ˜IPC) by the trial Court, Mandi, Himachal Pradesh. Pursuant to the aforesaid order of conviction the trial Court sentenced the respondent to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000/ - and in default to underdo simple imprisonment for six months.

(2.) BEING aggrieved by the aforesaid order of conviction and sentence, the respondent filed an appeal from jail before the Himachal Pradesh High Court which was heard and at the end, the aforesaid order of acquittal was passed which is under challenge in this appeal.

(3.) IN view of the aforesaid situation, Gagnesh Kaushal (PW -1), the informant went to the police station and lodged the first information report which is marked as Annexure P -1/A. After receipt of the aforesaid first information report, the police started investigation during the course of which a post -mortem examination was done on the body of the deceased. The post -mortem report was exhibited in the trial Court and marked as Exhibit P -8/A. After completion of the investigation, the police submitted charge -sheet against the respondent and charge was framed against the respondent. During the course of the trial, a number of prosecution witnesses were examined. However, the defence examined none. The respondent was examined under Section 313 of Cr.P.C. and after completion of the trial, the trial Court found the petitioner guilty of the offence alleged against him. After passing an order of conviction, the Additional Sessions Judge sentenced the respondent to undergo rigorous imprisonment for life under Section 302 of IPC and also to pay a fine of Rs. 5,000/ - and in default of payment of the fine to undergo simple imprisonment for a further period of six months.