RAKESH KUMAR ALIAS GANGA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT Rakesh Kumar alias Ganga has filed this appeal against the judgment of the Sessions Court whereby he has been convicted of an offence punishable under Section 304 (second part) IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- twice, one for committing culpable homicide not amounting to murder of Rasal Singh and another for causing death of Prabhat Chand. On 7th

(2.) FIRST , the prosecution story may be narrated. November, 2003, PW-1 Pratap Chand, PW-2 Kartar Chand, PW-3 Kirpal Singh, one Harnam Singh and deceased Prabhat Chand and Rasal Singh went by a Jeep to village Rakkar Choli to enquire after the well-being of Satya Devi, an aunt of PW-1 Pratap Chand, who had met with an accident. On their way back, around 7.30 p.m., Whether reporters of the local papers may be allowed to see the judgment? when they reached a place called Jalari, falling within the jurisdiction of Police Station Nadaun, District Hamirpur, Bus No.HP-55-4386 was found parked in the middle of the road, which is a National Highway. When the driver of the Jeep, namely PW-2 Kartar Chand, tried to overtake the bus from its left side (which was the wrong side), appellant Rakesh Kumar alias Ganga, hereinafter called accused, who was in driver's seat of the bus, accompanied by three other persons, namely Ajit Kumar, Rajesh Kumar and Ajay Kumar, alighted from the bus and started hurling abuses at PW-2 Kartar Chand. When Kartar Chand and deceased Rasal Singh objected to the hurling of abuses by the accused, he and his abovenamed accomplices pulled deceased Rasal Chand out of the Jeep and started quarrelling with him. Deceased Prabhat Chand and driver of the Jeep Kartar Chand got down from the Jeep. The accused then took out a knife and stabbed Rasal Singh in his abdomen. He dealt another blow of knife on the thigh of Rasal Singh. When Prabhat Chand tried to overpower the accused, he too was stabbed in the abdomen (left side). Ajit Singh, one of the accomplices of the accused, took out an iron rod and hit PW-2 Kartar Chand on his legs. The other two accomplices of the accused kicked PW-2 Kartar Singh and deceased Prabhat Chand. Thereafter, the accused and his accomplices boarded the bus and fled away.

(3.) POSTMORTEM examination of the dead body of Rasal Singh was conducted by PW-5 Dr. D.R. Sharma, who noticed the following injuries: