JUDGMENT : Rajiv Sharma, J. This appeal is instituted against Judgment dated 16.6.2014 rendered by learned Additional Sessions Judge-III, Kangra at Dharamshala, District Kangra, Himachal Pradesh in S.T. No. 3/2014, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences under Sections 302, 341, 325 and 506 IPC, has been convicted and sentenced to undergo simple imprisonment for one month for the commission of offence under Section 341 IPC. He has further been sentenced to undergo rigorous imprisonment for life for the commission of offence under Section 302 IPC and to pay a fine of Rs. 10,000/-, in default of payment of fine, to further undergo rigorous imprisonment for six months. For commission of offence under Section 506 IPC, accused has been sentenced to undergo rigorous imprisonment for a period of six months. 2. Case of the prosecution, in a nutshell, is that the marriage of accused was solemnised with Rekha Devi about 12 years ago. Accused used to maltreat his wife. Matter was reported to Police Station Baijnath. On 25.7.2010, complainant Tulsi Ram (deceased) along with his wife Bimla Devi and nephew Dinesh Kumar had gone to Pradhan of Gram Panchayat Chhekh to lodge a complaint against accused. Complainant went to the house of their in-laws at village Kholi and took meals. Complainant Tulsi Ram, BImla Devi and Dinesh Kumar left village Kholi for their village Salehara at 10 pm. Near Kholi, when these persons were going to their house, accused pelted stones on them. Thereafter accused gave Danda blows to Tulsi Ram. He suffered injuries on his head, nose and face. Tulsi Ram raised alarm on the spot. Sarwan Kumar came to their rescue. Accused criminally intimidated Tulsi Ram with dire consequences and to do away with his life. On the next day, matter was reported to the Police. Tulsi Ram was taken to Hospital at Baijnath. Thereafter, he was referred to RPMC Tanda. He was further referred to PGI where he succumbed to the injuries. Matter was investigated and challan was put up after completing all the codal formalities. 3. Prosecution has examined as many as 16 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal. 4. Mr. Matter was investigated and challan was put up after completing all the codal formalities. 3. Prosecution has examined as many as 16 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Trial Court convicted and sentenced the accused as noticed herein above. Hence, this appeal. 4. Mr. Kulwant, vice counsel, has vehemently argued that the prosecution has failed to prove its case against the accused. 5. Mr. M.A. Khan, Additional Advocate General, has supported the judgment of conviction. 6. We have heard the learned counsel for the parties and also gone through the record carefully. 7. PW-3 Bimla Devi deposed that her husband was working as a Mason. Her daughter Rekha Devi was married to Subhash Chand as per Hindu rites. Her son-in-law used to maltreat and beat her daughter. Her daughter Rekha Devi lived with them for five years. She had two daughters. In the month of July, 2010, her son-in-law came to their house and used abusive language and also advanced threats. She along with her daughter Rekha Devi and nephew Dinesh Kumar reported the matter to Pradhan, Gram Panchayat Charotu, who advised them to report the matter to the police. They came back and stayed in her parental house. They took dinner at about 9 pm and left the place to their house at 10 pm. On the way, accused restrained them from proceeding further. He was also carrying a Danda. He threw stones. He came with Danda and caused injury on the head and face of her husband. Her nephew Dinesh Kumar rescued him from the clutches of accused. Her husband became unconscious. He was taken to Hospital at Baijnath. Police took into possession stick (Danda) Ext. P2. 8. PW-4 Anuradha deposed that she was Pradhan of Gram Panchayat Chhekh in the year 2005. On 25.7.2010 Tulsi Ram, Bimla Devi and Dinesh Kumar came to her and complained against the accused. She came to know that accused used to maltreat and beat Rekha Devi. A case was pending with the CDPO Baijnath. She advised them to report the matter to the police. 9. PW-5 Harnam Singh deposed that Bimla Devi knocked the door of his house at 11 pm. He opened the door. Bimla Devi told that accused Subhash Chand is giving beatings to Tulsi Ram. 10. A case was pending with the CDPO Baijnath. She advised them to report the matter to the police. 9. PW-5 Harnam Singh deposed that Bimla Devi knocked the door of his house at 11 pm. He opened the door. Bimla Devi told that accused Subhash Chand is giving beatings to Tulsi Ram. 10. PW-6 Rekha Devi deposed that accused started torturing her after the marriage. Accused used to threaten that he would kill her father. Matter was reported to the police station Baijnath. Accused was called to the Police Station and matter was sent to CDPO Panchrukhi under Domestic Violence Act. She left the house of accused. She started residing in the house of her father. Accused continued to give threats to her father and brother. About two years ago, in the monsoon season, her father had gone to the local Pradhan and lodged complaint against accused. When they were coming back to their house, accused gave beatings to her father. She was told about the incident by her mother and brother. 11. PW-7 Amarjeet Singh deposed that on 9.8.2010 accused made a disclosure statement vide Ext. PW-7/A. Accused took police and independent witness Ranjeet Singh to the spot. On the identification of accused, bamboo stick Ext. P2 was recovered. 12. PW-8 Dr. M.K. Rana has medically examined the deceased at 6.30 am on 26.7.2010. He issued MLC Ext. PW- 8/B. He noticed following injuries on the person of Tulsi Ram:- Description of injuries:- 1. Small lacerated wound over the forehead skull right side with black eye right. Due to the infiltration of blood in upper right eye and lower right eye lid and patient was unable to open the eye due to odema. 2. He also noticed fracture of 7th rib of left side. Nature of injuries Nature of second injury was grievous. 13. PW-9 Dr. Aakanksha has conducted post mortem examination. She issued post-mortem report. Ext. PW-9/C. According to her opinion, deceased died due to ante mortem head injury and related complications. Injuries were likely to have caused death in the ordinary course of nature. Probable time that elapsed between death and post mortem was 1-12 hours. 14. PW-10 Sanjeev Kumar was the IO. He went to SDH Baijnath. He moved an application for medical examination of Tulsi Ram. He went to the spot and prepared site plan. Accused was arrested from Amritsar. Probable time that elapsed between death and post mortem was 1-12 hours. 14. PW-10 Sanjeev Kumar was the IO. He went to SDH Baijnath. He moved an application for medical examination of Tulsi Ram. He went to the spot and prepared site plan. Accused was arrested from Amritsar. Accused made a disclosure statement Ext. PW-7/A under Section 27 of the Indian Evidence Act and Danda/stick Ext. P2 was recovered. 15. PW-11 Ranjit Singh deposed that Ext. P2 was taken into possession by the police in his presence. 16. PW-12 Dinesh Kumar deposed that on 25.7.2010, at 7 pm, he, Tulsi Ram and Bimla Devi went to the house of Pradhan Gram Panchayat Chhekh regarding complaint against accused person. Accused wrongfully restrained his uncle in public path. He used to advance threats to him. They lodged complaint with Gram Panchayat Pradhan. They were coming back to their house at 10 pm after taking meals. Accused started throwing stones and gave beatings with Danda to them. He and her Aunt went to the house of brother of accused namely Sarwan Kumar. Sarwan Kumar saved them from the accused. Sarwan Kumar took them to his residence. 17. PW-13 Dr. Navneet Kumar Medical Officer Surgeon, deposed that on 2.8.2010 patient was referred back from PGI for nursing and care. Patient was assaulted on 25.7.2010. He had sustained injuries. 18. PW-15 Surinder Singh deposed that accused had made a disclosure statement regarding recovery of Danda. 19. PW-16 Dr. Amit Joshi deposed that patient was primarily seen and examined by Dr. Rakshit Srinivas. Patient was admitted on 27.7.2010. He was discharged on 2.8.2010. Discharge slip is Ext. PW-16/A. 20. The Prosecution has proved the case against accused beyond all reasonable doubt on the basis of statements of PW-3 Bimla Devi, PW-4 Anuradha, PW-6 Rekha Devi, PW-12 Dinesh Kumar. PW-3 Bimla Devi has categorically deposed that they had gone to lodge complaint against the accused with the Pradhan Gram Panchayat Chhekh and when they were coming back, accused started pelting stones on them and her husband was beaten up with Danda by the accused. Deceased was taken to hospital at Baijnath. She identified Danda Ext. P2. Similarly, PW-12 Dinesh Kumar also deposed the manner in which accused had assaulted the deceased with Danda when they were coming back to their house. Deceased was taken to hospital at Baijnath. She identified Danda Ext. P2. Similarly, PW-12 Dinesh Kumar also deposed the manner in which accused had assaulted the deceased with Danda when they were coming back to their house. PW-4 Anuradha has also admitted that on 25.7.2010, Tulsi Ram, Bimla Devi and Dinesh Kumar had come to lodge complaint with her against their son-in-law Subhash Chand. Danda was recovered on the basis of statement of accused Ext. PW-7/A. Injuries were also noticed by PW-8 Dr. M.K. Rana on 25.7.2010 as per MLC, Ext. PW-8/B. 21. According to postmortem report, Ext. PW-9/C, deceased died due to ante mortem head injury and its complications. Time that elapsed between death and postmortem was 1-12 hours. The motive for killing the deceased by the accused was the complaint lodged by the family of the deceased with the Pradhan of Gram Panchayat as well as to the Police Station against the accused. Complaint was also filed under the Domestic Violence Act. Non-examination of Sarwan Kumar is not fatal to the prosecution case. There is no occasion for us to interfere with well reasoned judgment of the trial Court. 22. In view of the discussion and analysis made herein above, there is no merit in the appeal and the same is dismissed. Pending applications, if any, are also disposed of. Appeal dismissed.