Judgment Rajiv Sharma, J. This appeal is instituted against the judgment and order, dated 02.11.2013, rendered by the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P. in Sessions Trial No. 9-N/7 of 2012, whereby the appellant-accused (hereinafter referred to as “accused”, namely Dharam Singh), who was charged with and tried for offences punishable under Sections 341 and 302 of the Indian Penal Code, had been convicted and sentenced to suffer simple imprisonment for a period of one month under Section 341 of the Indian Penal Code. He was also sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo further simple imprisonment for a period of six months under Section 302 of the Indian Penal Code. 2. Case of the prosecution, in a nut-shell, is that on 14.11.2011 at about 8:00 a.m. at place Muglawala Rajban link road, accused Dharam Singh has wrongly restrained the deceased Hardev Singh while he was proceeding in particular direction in which he had a right to proceed on his tractor bearing registration No. HP-17B-6637 and thereafter, he made the deceased Hardev Singh to get down from the tractor in question and gave 2-3 blows of stick on the head of deceased Hardev Singh and as a result of which, Hardev Singh suffered serious injuries on his head. The blood had oozed out. He died on 16.11.2011. Kashmiri Lal had informed the father of the deceased, namely, Krishan Chand about the incident and thereafter the police of Police Post, Rajban was informed by Krishan Chand on telephone. The statement of Kashmiri Lal under Section 154 Cr. P.C. was recorded on the spot, on the basis of which, FIR Ex. PW4/A was registered in Police Station, Paonta Sahib. During the investigation, the Investigating Officer clicked the photographs of the spot and prepared the spot map Ex. PW20/B. The blood stained soil was lifted from the spot and was put in a plastic vial, which was put in a cloth parcel and sealed with seal ‘H’ at four places. Sample of seal was also taken on a separate cloth of piece, which is Ex. PW20/G. The inquest reports were prepared and the post mortem was conducted. PW20/B. The blood stained soil was lifted from the spot and was put in a plastic vial, which was put in a cloth parcel and sealed with seal ‘H’ at four places. Sample of seal was also taken on a separate cloth of piece, which is Ex. PW20/G. The inquest reports were prepared and the post mortem was conducted. Accused made a disclosure statement under Section 27 of the Indian Evidence Act in the presence of PW-8 HC Data Ram and PW-9 Constable Surender Kumar, on the basis of which, the police recovered danda from the heap of the wood. The case property alongwith samples of seal was sent to SFSL, Junga through PW-2 Constable Vikram Dev Singh and PW-3 HHC Lal Bahadur vide RC Ex. PW1/B and Ex. PW1/C, who deposited the same in the office of SFSL, Junga. The investigation was completed and after the completion of all the codal formalities, the challan was put up in the Court. 3. The prosecution had examined as many as 20 witnesses to support its case. The accused was also examined under Section 313 of the Cr. P.C. Accused denied the case of the prosecution. The accused was convicted and sentenced, as noticed hereinabove. Hence this appeal. 4. Mr. Dushyant Dadwal, learned counsel for the appellant has vehemently argued that the prosecution has failed to prove the case against the appellant. 5. Mr. M.A. Khan, learned Additional Advocate General has supported the judgment and order, dated 02.11.2013. 6. We have heard the learned counsel for the parties and gone through the judgment and records, carefully. 7. PW-1 HHC Himmat Singh deposed that the case property was deposited with him. He made entries in the malkhana register. The case property was sent to SFSL, Junga. PW-2 Constable Vikram Dev Singh testified that Incharge malkhana had handed over four Pulindas sealed to him vide RC No. 123/11 for depositing the same at SFSL, Junga. He deposited the same at SFSL, Junga. 8. PW-3 HHC Lal Bahadur deposed that on 22.11.2011, Incharge malkhana Police Station Paonta Sahib had handed over to him two sealed parcels for depositing the same at SFSL, Junga vide RC No. 119/11. He deposited the same at SFSL, Junga. 9. PW-4 Inspector Bhisham Thakur and PW-5 Constable Kalyan Singh are formal witnesses. PW-6 Sarwan Singh deposed that on 14.11.2011 at about 8:00 a.m., he was going from home to Muglawala. He deposited the same at SFSL, Junga. 9. PW-4 Inspector Bhisham Thakur and PW-5 Constable Kalyan Singh are formal witnesses. PW-6 Sarwan Singh deposed that on 14.11.2011 at about 8:00 a.m., he was going from home to Muglawala. When he reached near the house of Attru Ram, he saw accused Dharam Singh giving danda blow on the head of deceased Hardev Singh. Kashmiri Lal was also with Hardev Singh. A tractor No. HP-17B-6637 was standing on the road. Hardev Singh ran at a distance of 15 to 20 feet towards field after holding his head. Thereafter, he sat down and the accused fled away from the spot. Krishan Chand, father of Hardev Singh and other persons also came on the spot. Police took into possession the samples of blood stained soil. In his cross-examination, he categorically stated that accused Dharam Singh had given two blows of danda on the head of deceased Hardev Singh in his presence. He denied the suggestion that Hardev received injury due to fall from the tractor. He also denied that the tractor was being driven by Kashmiri Lal and Hardev was sitting on the tractor. 10. PW-7 Sh. Krishan Chand is the father of the deceased. He deposed that he had purchased the manure from Vijay Kumar of village Bahaliwala. Hardev Singh was going to bring manure in his tractor No. HP-17B-6637 from said Vijay Kumar from his field at village Bahaliwala. Hardev Singh left the house at about 8:00 a.m. Kashmiri Lal was also with Hardev Singh. He received phone call of Kashmiri Lal and he told him that Hardev Singh was beaten up by accused Dharam Singh with danda and Hardev Singh had received injuries. He reached on the spot. He found Hardev Singh in an injured condition. There was injury on his head. Hardev Singh was taken to hospital. He informed the police. Police visited the spot. Accused Dharam Singh was against the selling of manure of his brother Vijay Kumar and he raised objection. Shawl of Hardev was stained with blood, which was taken into possession vide memo Ex. PW7/A. 11. PW-8 HC Data Ram deposed that on 14.11.2011, he received an information at Police Post Rajban that a boy had been attacked on his head by a danda. The injured was taken to hospital for his treatment. Shawl of Hardev was stained with blood, which was taken into possession vide memo Ex. PW7/A. 11. PW-8 HC Data Ram deposed that on 14.11.2011, he received an information at Police Post Rajban that a boy had been attacked on his head by a danda. The injured was taken to hospital for his treatment. The Investigating Officer had prepared the spot map and the photography of the spot was made by the Investigating Officer. On 22.11.2011, the accused Dharam Singh, while in policy custody, gave a disclosure statement to the police that he had concealed a danda near his house, of which he was having exclusive knowledge and could get the same recovered, which was recorded vide Ex. PW8/A. 12. PW-9 Constable Surender Kumar deposed that on 22.11.2011, accused Dharam Singh gave a disclosure statement to the police while in police custody that he had concealed a danda near his house. Only he was having the knowledge of the same and could get the same recovered. His statement was recovered vide Ex. PW8/A. 13. PW-10 Sh. Harbans Lal deposed that on 14.11.2011, he was at his home in the morning at about 8:00 a.m. He came to know that accused Dharam Singh had beaten Hardev Singh with danda. Thereafter, he went to the spot. He noticed the injuries on the head of Hardev Singh and the blood was oozing out. Hardev Singh was taken to the hospital at Jolly Grant Himalayan Institute, Dehradoon in a vehicle. On 16.11.2011, Hardev Singh was referred to PGI, Chandigarh, but he succumbed to injuries. The post mortem was got conducted by the police on 17.11.2011. The accused got danda recovered from the heap near his house. Police prepared the sketch of the danda. 14. PW-11 Sh. Layak Ram deposed that he was working in Laborate Factory at Nariwala. On 14.11.2011, he was going to this factory for work. At about 8:00 a.m., when he reached at Kartarpur Chowk, he saw that accused Dharam Singh stopped the tractor of Hardev Singh without any reason and gave beatings to him with danda. Accused Dharam Singh gave two blows of danda on the head of Hardev Singh. Hardev Singh ran towards the field to a distance of 15 to 20 feet and sat in the field. Thereafter, the injured was taken to Jolly Grant Himalayan Hospital, Dehradoon for treatment. He was referred to PGI, Chandigarh. Accused Dharam Singh gave two blows of danda on the head of Hardev Singh. Hardev Singh ran towards the field to a distance of 15 to 20 feet and sat in the field. Thereafter, the injured was taken to Jolly Grant Himalayan Hospital, Dehradoon for treatment. He was referred to PGI, Chandigarh. He died on way to PGI, Chandigarh. The post mortem was got conducted by the Police at C.H. Paonta Sahib. In his cross-examination, he deposed that the tractor was stopped by Dharam Singh by giving a signal by hand. Thereafter, the tractor was stopped by the deceased Hardev Singh in the field. Accused Dharam Singh started giving beatings to the deceased with a danda on his head on the stationed tractor and also on the road. 15. PW-12 Sh. Hemant Singh and PW-13 ASI Parkash Chand are formal witnesses. PW-14 Sh. Roop Chand deposed that on 14.11.2011, when he was present at his home at about 8:00/8:10 a.m., the deceased Hardev Singh was going to load manure towards the house of accused. The accused was sitting in the field carrying a stick in his hand. Thereafter, the villagers rushed to his home and disclosed that his cousin deceased Hardev Singh had been beaten by some one, on account of which, he visited the spot and saw that deceased was lying on the ground and he had sustained injury on his head. In his cross-examination, he deposed that after the alleged occurrence, he saw the accused sitting on the boundary of field. 16. PW-15 Sh. Gulsher Ahmad and PW-16 Constable Krishna Nand are formal witnesses. PW-17 Dr. Pooja Thami has conducted the post mortem examination. According to her, the cause of death was head injury and the death could be caused by a blow of danda Ex. P10. 17. PW18 Sh. Mahesh Sharma is a formal witness. PW-19 Dr. Saleem Ahmad deposed that he examined the patient in the emergency. On examination, the type of injury was lacerated wound with dimension of 5 X 1 cm. near left temporal region caused by blunt weapon. He proved injury report Ex. PW18/B and MLC Ex. PW18/C. 18. PW-20 ASI Kanwar Singh was the Investigating Officer. He inspected the spot and prepared the spot map Ex. PW20/B. Photographs were also taken. The disclosure statement was made by the accused on 22.11.2011 vide Ex. PW8/A. The danda was got recovered. near left temporal region caused by blunt weapon. He proved injury report Ex. PW18/B and MLC Ex. PW18/C. 18. PW-20 ASI Kanwar Singh was the Investigating Officer. He inspected the spot and prepared the spot map Ex. PW20/B. Photographs were also taken. The disclosure statement was made by the accused on 22.11.2011 vide Ex. PW8/A. The danda was got recovered. The reports of SFSL, Junga are Ex. PX and Ex. PY. 19. The case of the prosecution, precisely is that deceased had gone to bring manure. His tractor was stopped by the accused. The accused gave danda blows on the head of the deceased. He was taken to Jolly Grant Himalayan Hospital, Dehradoon for treatment. Thereafter, he was referred to PGI, Chandigarh. He succumbed to his injuries on way to PGI, Chandigarh. The post mortem was got conducted at C.H. Paonta Sahib. The cause of the death was head injury. PW-6 Sh. Sarwan Singh and PW-11 Sh. Layak Ram are the eye witnesses. They had seen accused hitting the deceased with danda on the head after stopping the tractor. PW-10 Sh. Harbans Lal also deposed that he came to know that the accused Dharam Singh had beaten Hardev Singh with danda. PW-14 Sh. Roop Chand deposed that accused was sitting in the field carrying a stick in his hand and he had seen the deceased Hardev Singh going to bring the manure. PW-17 Dr. Pooja Thami has categorically stated that the deceased died due to head injury and according to her, the injury could be caused by blow of a danda Ex. P-10. PW-7 Sh. Krishan Chand, father of the deceased had reached on the spot when he received the information of the incident. 20. PW-8 HC Data Ram deposed that that accused had made a disclosure statement vide Ex. PW8/A on 22.11.2011 that he had concealed the danda near his house. PW-9 Constable Surender Kumar also deposed that a disclosure statement was made by the accused under Section 27 of the Indian Evidence Act on 22.11.2011 that he had concealed a danda near his house. PW-10 Sh. Harbans Lal deposed that Accused Dharam Singh while in police custody got recovered a danda from a heap of wood near his house and the same was taken into possession vide memo Ex. PW10/A. 21. PW-10 Sh. Harbans Lal deposed that Accused Dharam Singh while in police custody got recovered a danda from a heap of wood near his house and the same was taken into possession vide memo Ex. PW10/A. 21. According to Ex.-PY, the danda was found stained with blood, though the results were inconclusive in respect of blood groups. Human blood was detected on Ex.2 (blood stained soil lifted from the spot), Ex. -3 (blood stained shawl) and Ex.-4 (blood stained wooden piece/data). Accordingly, the prosecution has proved the case against the accused beyond reasonable doubt. 22. Consequently, there is no merit in this appeal and the same is dismissed. No costs.