AMRISH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal has been filed against Judgment/Order dated 5.9.2009/7.9.2009 rendered by learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 43 -D/VII -2007, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 302 IPC, has been convicted under Sec. 304 Part I IPC and convicted to undergo simple imprisonment, for 10 years and to pay a fine of Rs. 25,000/ -, and, in default of payment of fine, to further undergo simple imprisonment, for one year.

(2.) Case of the prosecution, in a nutshell, is that accused was facing trial under Sec. 302 IPC. On 20.4.2006, at about 6.10 PM at Sub Jail Dharamshala, the accused inflicted injuries on the person of Anoop Kumar son of Hans Raj who died on 21.4.2006 at 1 PM in PGI Chandigarh. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as 23 witnesses to prove its case against the accused. Accused was also examined under Sec. 313 Cr.P.C. He pleaded innocence. Accused examined one witness in his defence. Trial Court convicted and sentenced the accused under Sec. 304 Part I as noticed herein above. Hence, this appeal.