MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, Madan Lal, feels aggrieved by the judgement of learned Sessions Judge, Una, in Session Case No. 8 of 1985, Sessions Trial No. 6 of 1986. By this decision on 31-3-1986, the learned Sessions Judge convicted the appellant under S.307 of the Penal Code to suffer rigorous imprisonment for a term of five years and to pay a fine of Rs. 500/- or in default of payment of fine to suffer rigorous imprisonment for additional term of six months.

(2.) The appellant challanges this judgement by way of this appeal.

(3.) Let the prosecution case he narrated briefly thus. The appellant was a private medical practitioner at Badoohi Chowk in Una. Shattar-Din, complainant (P.W. 2), was a vegetable seller at the same place, occupying a Khokha near a liquor vend and before leaving this place to his village, unsold vegetables used to be kept in this khokha by him. The appellant, the prosecution alleges, used to purchase vegetables from the complainant and on the day of the occurrence, the appellant owed Rs. 10.75 to the complainant towards the price of vegetable.