PAWAN Vs. STATE

JUDGEMENT

(1.) BELIEVING Ram Gopal PW-1, Ct.Rajbir Singh PW-9 and HC Hanuman Singh PW-21 to be truthful eye witnesses, vide judgment dated May 29, 1998, appellant Pawan has been convicted for having committed an offence punishable under Section 302 IPC but has been acquitted of the charge of having committed an offence punishable under Section 307 IPC. Vide order on sentence dated May 13, 1998 the appellant has been sentenced to undergo imprisonment for life.

(2.) APPELLANT was charged for having murdered one Rakesh, by causing fatal injuries with a chopper (Gandasa) on July 17, 1993 at 6.40 PM at Sealing Point, Sadar Thana Road and for having attempted to murder HC Hanuman Singh using the same chopper (Gandasa).

(3.) THAT a person had caused fatal injuries to another person near Sealing Point Sadar Thana Road was recorded by ASI Bharat Singh PW-15 vide DD No.16-A, Ex.PW-15/B at 6.45 PM and in respect of which fact we find that the testimony of ASI Bharat Singh remains unchallenged. Copy of DD No.16-A was handed over to ASI Pankaj Singh PW-23, who reached the spot where he found HC Hanuman Singh, who informed him that while on duty at the Sealing Point Sadar Thana Road with Ct.Rajbir (examined as PW-9), at 6.40 PM they saw a man being chased by another man who was having a Gandasa in his hand and the said man caused injuries to the man he was chasing. That Ct.Rajbir fired a shot from his licensed stengun at the assailant to disarm him and since the shot missed the assailant, he i.e. HC Hanuman Singh used his service revolver to fire a shot at the assailant because the assailant attempted to assault him with the Gandasa.