AMAR BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against judgment dated 10.7.2007, rendered by learned Additional Sessions Judge, Fast Track Court, Shimla, Himachal Pradesh in S. Trial No. 1 -S/7 of 2007, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 302 of the Indian Penal Code, has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/ - under Section 302 of the Indian Penal Code and in case of default of payment of fine, to further undergo rigorous imprisonment for a period of two years.

(2.) PROSECUTION case, in a nutshell, is that on 29.5.2006, at 9.30 am, one Sh. Jog Bahadur lodged daily diary report vide Ext PW -8/A stating therein that he was a permanent resident of Nepal. He was working as a Munshi with Ramesh Kumar Thaneja of Solan. He was awarded contract of laying pipeline of Dewla drinking water scheme. He was putting up in the house of Bhimi Ram at village Agla Bag. Shri Surinder Bahadur, Shri Kumar Bahadur, Sh. Amar Bahadur (accused) and Shri Nanu alias Daulat (deceased) were also putting up with him as tenants in the house of Bhimi Ram. On 28.5.2006 at 8.30 pm, he and his family members went to sleep in a room on the ground floor of the house. All the four labourers who were away to Khatnol, returned home at about 9 pm and retired to bed in the verandah of upper storey of the house. He heard noise of fighting. He came out of the room and found that accused was beating Nanu with Khilna. Shri Surinder Bahadur and Shri Kumar Bahadur saved Nanu from the clutches of the accused. Accused ran away. Nanu suffered injuries over left ear and face. They brought Nanu to a room in ground floor and made him to sleep in the room. Nanu succumbed to injuries after 1 1/2 hours of brawl. Entire incident was brought to the knowledge of landlord Bhimi Ram. Bhimi Ram informed Shri Narayan Dutt, Up Pradhan, about the incident. FIR No. 116/06 was registered. Khilna was taken into possession. Post -mortem of dead body of Nanu was got conducted. Accused was also got medically examined. It transpired during the course of investigation that on 28.5.2006, in the evening, Shri Amar Bahadur (accused), Sh. Nanu (deceased) and Sh. Surinder Bahadur had gone to village Khatnol. They consumed liquor and returned to their dwelling house at Agla Bag. Sh. Kumar Bahadur and Shri Surinder Bahadur went to sleep in the verandah on the first floor after the dinner. Accused and deceased, who were in the ground floor of the house, started exchanging hot words while taking meals. Thereafter, both of them came to verandah of first floor and started fighting. Accused picked up a Khilna and gave a blow with the Khilna on temporal region of Shri Nanu. Investigation was completed and challan was put up after completing all the codal formalities.

(3.) MR . K.B. Khajuria, Advocate, has vehemently argued that the prosecution has failed to prove its case against the accused.