JUDGMENT Lokeshwar Singh Panta, J. :- This appeal is directed against the judgment and order dated 29.12.1999/31.12.1999 by which the Sessions Judge, Una has convicted the appellant-accused under Section 302 of the Indian Penal Code for causing murder of one Pawan Kumar and sentenced him to imprisonment for life and to pay fine of Rs.5,000/-. In default of payment of fine he shall suffer simple imprisonment for one year.

2. In Session Case No.5/1999 (Sessions trial No.9/1999) four accused namely Yogesh Kumar, Dinesh Kumar, suresh Kumar and Smt. Raj Kumari were charged for the offence under Sections 302 and 120-B of the Indian Penal Code by the learned Sessions Judge, Una. The learned Sessions Judge convicted and sentenced Yogesh Kumar accused for the offence punishable under Section 302 I.P.C. and acquitted the other three accused persons.

3. The facts of the prosecution case may briefly be stated as follows:

4. On 28.8.1995 at about 4.15 a.m. Manohar Lai (PW-4) resident of Nangal Jarialan went to Police Station, Gagret and imparted information which was recorded by Constable Ashok Kumar (PW-14) in daily diary mark Ext. PU stating inter alia, that Yogesh Kumar accused inflicted grievous injuries on the person of Pawan Kumar with some sharp edged weapon. On the said information ASI Daya Sagar (PW-18) went with PW-4 to Primary Health Centre, Gagret where injured Pawan Kumar was taken for medical treatment. After taking the opinion of Dr. N.K. Bhardwaj (PW- 11) about the fitness of Pawan Kumar the victim of assault, PW-18 recorded the statement (Ext.PR) made by injured Pawan Kumar under Section 151 Cr.P.c. in the presence of the doctor. The victim of assault stated, inter alia, that on the intervening night of 28.8.1995/29.8.1995 when he was sleeping with Raj Kumar (PW-2) and Dalbir Singh (PW-3) in the Verandah of the house of PW-4 Manohar Lai, the accused at about 2 a.m. came there and gave a dart blow on his face and right hand. He cried due to the pain. The accused ran away with 2-3 other persons who were standing outside the verandah. On the basis of the said statement, F.I.R. Ext.PB came to be registered at Police Station, Gagret by PW MHC. Ashok Kumar at 5.15 a.m. PW Dr. N.K. Bhardwaj Medical Office, Primary Health Centre, Gagret attended upon the injured and found two injuries on his person. He referred the injured to Post Graduate Institute, (PGI) Chandigarh after giving first aid treatment. Injured Pawan Kumar succumbed to his injuries on 5.9.1998 in P.G.I. Chandigarh. Dr. Aditya Kumar Sharma (PW-20), Assistant Professor Department of Forensic Medicine, P.G.I. Chandigarh conducted post mortem examination on the dead body of Pawan Kumar. PW-18 inspected the spot of the occurrence and recorded the statements of he witnesses. He prepared site plan (Ext.PW) and took into possession blood stained Khesi (Chader) (Ext.P-3) and blood stained soil (Ext.P-4) from the spot. On hearing the death of Pawan Kumar he went to P.G.I. Chandigarh to collect the necessary death certificate etc. The dead body of Pawan Kumar was handed over to his relatives. PW-8 arrested the accused on 10.9.1998 when his bail application was dismissed by the High Court on 9.9.1998. In the morning of 11.9.1998 when the accused was in the lock up he consumed one lizard. The accused was sent to Primary Health Centre, Gagret for medical treatment and a case under Section 5J9 I.P.c. was also registered against him. On 10.9.1998 Mohinder Singh brother of deceased Pawan Kumar produced pant (Ext.P-8), baniyan (Ext.P-9) and underwear (Ext.P- 10) of Pawan Kumar before PW-18 which were taken into possession vide recovery memo Ext.PG and sealed in a parcel with seal M. On the same day PW Dalbir Singh handed over his blood stained shirt (Ext.P-7) which was also taken into possession vide recovery memo (Ext.PH). PW- 18 deposited all sealed parcels of the articles taken into possession with M.H.C. on 12.9.1998 the investigation of the case was taken over from PW-18 by S.H.O. K

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