Sureshwar Thakur,J. -
(1.) The accused, becomes aggrieved, from a verdict, of, conviction, and, consequent therewith sentence, imposed upon him, by the learned Additional Sessions Judge-II, Solan, H.P., upon, Session Trial No. 11ASJ-II/7 of 2016, where through he became convicted, for a charge, drawn under Section 307 of the I.P.C., and, also became sentenced to undergo simple imprisonment, extending for a period of seven years, and to pay fine of Rs. 5,000/-. In case of default, he became further sentenced to undergo simple imprisonment, for six months. However, the learned trial Court made an order, of, acquittal, upon the accused, for a charge drawn, under Section 506 of the I.PC.
(2.) Necessarily, the accused/appellant, for, invalidating the afore made conviction, and, the consequent therewith, imposition, of, the afore sentence, upon him, hence through the impugned verdict, has thereagainst, cast the instant appeal, before this Court.
(3.) The genesis, of, the prosecution case, becomes embodied in a statement made by the Uncle, of, the victim, statement whereof, is embodied in Ext. PW1/A, in pursuance whereof, the first information report, embodied in Ext. PW15/D, became recorded with the Police Station Arki. A narration is borne therein that on 6.6.2015, Up-Pradhan, Vinod Kumar, Ghanaghughat, telephonically informing the author, of, Ext. PW1/A, that his nephew Manoj Kumar, who operates, the, business, of, bee keeping at Ghanaghughat, becoming subjected to beatings by somebody, and, that the Up-Pradhan had called 108 ambulance. The the author, of, Ext. PW1/A, states therein, that his nephew was brought to Arki Hospital at 12:20 p.m. by 108 ambulance, and, that blood was oozing profusely, from his head, nose, and, legs and the other body parts. He also echoes therein, that he did not, hold any personal knowledge, of, the afore made assault, upon his nephew, and, prayed that an appropriate action, be taken on his complaint. An echoing occurs in Ext. PW6/A, that the victim, one Manoj Kumar, was unfit to make a statement.;