DALIP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these appeals arise out of a common judgment, dated 19.12.2016, rendered by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Himachal Pradesh, in Sessions Trial No.0100005 of 2012, whereby the appellant/accused/convict (hereinafter referred to as 'the accused') has been convicted and sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 304 of the Indian Penal Code and to pay fine of Rs.5000/- and in default of payment of fine to further undergo simple imprisonment for six Whether reporters of Local Papers may be allowed to see the judgment? Yes months, whereas under Section 376, read with Section 511 of the Indian Penal Code, the accused was ordered to undergo rigorous imprisonment for a period of three and half years and to pay fine of RS.5000/- and in default of payment of fine to further undergo simple imprisonment for six months.

(2.) The State of Himachal Pradesh laid challenge to the impugned judgment (supra) whereby the accused (appellant herein in Criminal Appeal No.599 of 2017) on the premise that the learned Trial Court wrongly convicted and sentenced the accused/convict, under Section 304 of the Indian Penal Code instead of Section 302 of the Indian Penal Code, whereas the r accused/convict/appellant has challenged the impugned judgment praying that the impugned judgment be set aside and he be acquitted for the offences punishable under Section 304, 376 read with section 511 of the Indian Penal Code.

(3.) The key facts, as per prosecution story necessary for adjudication of this appeal can tersely be summarized as under: