BHAGAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgement of Sessions Judge, Kangra Division, in Sessions Case No. 15 of 1982 and Sessions Trial No. 9 of 1982, decided on 13-5-1983. The appellant has been convicted under S.304-II of the I.P.C. and sentenced to rigorous imprisonment for a period of three years and fine of Rs. 1000/- and in case of default of payment of fine, to undergo further simple imprisonment for six months. The fine, on recovery, was ordered to be paid, as compensation, to the heirs of Jai Karan.

(2.) The facts, in brief, may be stated thus. According to the prosecution, on 19-2-1982, Ranjit Singh and Roshan Lal were working at the instance of Jai Karan (deceased) and were fencing his land towards the village path at about 10 a.m. The appellant, carrying a lathi, appeared and gave lathi blows on the head of Ranjit Singh and thereafter he gave lathi blows on the head, legs and right arm of Jai Karan. The blow resulted in the fracture of the ulna of Jai Karan. The appellant left the spot and Jai Karan was removed to hospital by Ranjit Singh and Roshan Lal. The statement of Jai karan was recorded by the police in the hospital under S.154 of the Criminal P.C. on 20-2-1982 and it was on this statement that a case under S.325 of the I.P.C. was registered and on the death of Jai Karan on 21-2-1982, the case was changed into S.302 of the I.P.C.

(3.) Subsequently, at the stage of the consideration of the charge, the appellant was charged under S.304 of the I.P.C. as initially the head injury on the person of Jai Karan was declared simple and the age of the deceased being 79 years and as no intention was attributable to the appellant that he wanted to kill Jai Karan. The appellant pleaded not guilty and claimed trial.