PARKASH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.9.2001 passed by learned Sessions Judge, Bilaspur, whereby the appellant -accused (hereafter referred to as the accused) has been convicted under Sections 302 and 323 of the Indian Penal Code and has been sentenced to life imprisonment and fine of Rs. 5,000 and in default of payment of fine to undergo rigorous imprisonment for one year under Section 302 IPC and fine of Rs. 500 and in default of payment thereof to undergo rigorous imprisonment for six months under Section 323 IPC.

(2.) The case of the prosecution against the accused is that Mast Ram deceased and the accused related as brothers were residing separately in village Liungari, Barmana. On 11.7.2000 at about 5.00 p.m. Bimla Devi, wife of deceased, (PW -1) and her son Sonu (PW -2) had gone to the fields for cutting grass and the deceased was grazing Oxen near his house. At about 6.00 p.m. deceased called PW -1 from the fields intimating that accused was beating him and she should immediately come to the house. PW -1 and PW -2 came to their house and were informed by the deceased that goat of accused had entered his cow shed and when he objected to it the accused gave him fist and kick blows and ran away, while hurling stones and danda towards him. When the deceased was so narrating the incident, the accused appeared on the scene. On seeing the accused, the deceased tried to run away but the accused gave a danda blow on his leg, whereby the deceased fell -down. Thereafter accused gave danda blows on the head of the deceased. When PW -1 intervened to rescue her husband accused gave danda blows to her also. When PW -1 and PW -2 raised cries for help the accused bolted away. On hearing the cries, Balak Ram (PW -3) came on the spot from a nearby house. When PW -3 wanted to carry the deceased, it was noticed that he was dead. Immediately, thereafter many villagers gathered on the spot. Ram Lai (PW -4), Ward member of the Panchayat informed the police telephonically about the incident. On such information, Inspector Devi Ram (PW -12) went to the spot where he reached at about 1.00 a.m., on the night intervening ll -12th July, 2000. He recorded statement of Bimla Devi under Section 154 Cr.P.C. (hereafter referred to as the Code) Ext. PA. On the basis of which, FIR Ext. PQ was recorded at Police Station Barmana and the investigation followed.

(3.) Police prepared inquest reports Ext. PB, Ext. PC, and the site plan Ext. PS, and took into possession a stone, a danda and one chappal from the place of occurrence vide memo Ext. PE.