RAKESH SHAH Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant (hereinafter referred to as the 'accused') herein is a convict. He has been convicted by learned Additional Sessions Judge-I, Kangra at Dharamshala for the commission of an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay a sum of Rs.10,000/- as fine vide judgment dated 16.3.2017 passed in Sessions Case No. 14-N/VII/2014.

(2.) The allegations against the accused, in a nut-shell, are that deceased Fauju Shah, who was working as Security Guard in B.Sc. Nursing College, Malakwal returned to home after his duty was over at 5.00 p.m. on 2.6.2014. According to the complainant, Shukar Deen (uncle of deceased) his brother Roshan Deen @ Nagu (PW-12, father of the deceased) and Fauju Shah consumed liquor. They assaulted each other. The mother of deceased Fatima Bibi (PW-10) picked up 'Thapi' (flat wooden piece meant for beating clothes while washing) administered its blow on the head of Fauju Shah. The injury caused thereby started bleeding. He fell down in the courtyard. His father Roshan Deen @ Nagu (PW-2) had also sustained injuries on his person. He, therefore, was taken to the hospital in ambulance 108. The office of ambulance 108 made a call to the police station, Nurpur that in an altercation having taken place at village Malakwal, one person has received injuries and that he is being brought to the hospital. The information so received was entered in the rapat rojnamcha Ext. PW-27/A and Sub-Inspector Tilak Singh along with other police officials rushed to civil hospital, Nurpur. After conducting investigation, he returned to the police station and made entries in the daily diary Ext.PW-12/A. It was recorded that MLC of injured was obtained and that he was called to the hospital again on the next day for x-ray examination and to have the opinion of ENT Specialist on some of the injuries.

(3.) Pw-2 Roshan Deen @ Nagu was brought from hospital in the ambulance. PW-10 Fatima Bibi his wife was also with him. They noticed deceased lying on Atiala in village Malakwal. When they reached in the house informed Begum Bibi (PW-13) their daughter-in-law and wife of deceased that her husband was lying at Atiala.