Shupa Ram vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 598

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN,J, RANJAN SHARMA,J
Shupa Ram – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Appellant :Mr. L. N. Sharma, Advocate.
For the Respondent: Mr. I. N. Mehta, Sr. Addl. A.G. with Ms. Sharmila Patial, Addl. A.G., Mr. J. S. Guleria, Dy. A.G and Mr. Rajat Chauhan, Law Officer

JUDGMENT :

Tarlok Singh Chauhan, J.

The appellant has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- for the commission of an offence punishable under Section 302 IPC and in default of payment of fine, to further undergo simple imprisonment for six months and aggrieved thereby has filed the instant appeal.

2. The case of the prosecution, in brief, is that the appellant was a resident of village Bas Khaniyar, Tehsil Paonta Sahib, District Sirmaur, H.P and had been residing there alongwith his wife Smt. Satya Devi (hereinafter referred to as deceased). They had five children from the wedlock, who were residing with their uncle, namely, Shri Partap Singh in village Jakhal. The eldest son Shri Virender Singh (hereinafter referred to as complainant), was a student of 10+H2 at the relevant time.

3. On 19.5.2015, the complainant, after school hours came to his parents. The deceased being his mother disclosed that she was beaten up by the appellant. The complainant made inquiries from the appellant about this episode and the appellant admitted the occurrence and assured that such conduct would not be repeated in future. After taking thei