SATISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 19 of 2017 is preferred by Satish Kumar and Rajeev Kumar whereas Criminal Appeal No 1109 of 2016 is preferred by Lekh Ram, against common judgment of the High Court of Himachal Pradesh dated 20th September, 2016 whereby the appeal filed by the complainant was allowed and the order of acquittal passed by the learned trial court on 30 th November, 2012 was set aside. The appellants were convicted for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 [for short, 'IPC'] as well as under Sections 25 and 27 of the Arms Act, 1959 [for short, 'Act'].

(2.) Brief facts leading rise to the present appeals are that on 22 nd December, 2009 at about 07:15 hours, an information (Ex PW 15- A) was received by Ram Singh (PW-15), Inspector, on phone said to be by Satish Kumar son of Kanshi Ram, that Ratti Ram son of late Shri Roshan Lal, had died due to gun shot. On receiving such information, a Police team led by the Station House Officer of Police Station Ghumarwin proceeded towards the place of occurrence. Subsequently, on the statement of Neelam Sharma (PW-1), daughter of deceased Ratti Ram, FIR No. 218 was registered on 22nd December, 2009 at about 14:05 hours.

(3.) Neelam Sharma had stated that her father left home at about 8 am on 21st December, 2009 informing her that he would go to the house of Karma at Village Chujala and thereafter he would go to attend his duty at Village Harlog. But when he did not return till 6 pm, she called on his mobile number but mobile was switched off. She called in the morning to the Forest Guard to inquire about her father who told her that her father had not come there to join the duty. Thereafter, she made telephone call to accused Satish Kumar, whose house is in front of her house and sought phone number of Karma, resident of Village Chujala. The Police came to her house on 22nd December, 2009, when she came to know that her father had died due to gun shot by Satish Kumar and Rajeev Kumar and the body of his father is lying at Balh Churani forest. The motive of murder was said to be land dispute with Satish Kumar pending in Shimla High Court.