BALBIR SINGH @ KAKA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Balbir Singh alias Kaka, hereinafter referred to as th.e accused, stands convicted by the learned Additional Sessions Judge (1), Kangra at Dharamsala, in Sessions Case No. 8 -K/98 for the offence under seciton 302, Indian Penal Code, for having committed the murder of one Megh Raj on 16.9.1997 at about 7 PM in village Ustehar, near "Shiv Mandir". Upon such conviction, he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5, 000/ -. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a further period of one year.

(2.) Briefly, the matrix of the case may be thus stated. PW 2 Jagroop Singh is the elder brother of the deceased Megh Raj. He is a resident of village Amtrar, Tehsil Kangra. On the relevant day, that is, 16.9.1997 at about 11 AM he had gone to cut wood for a marriage party. His younger brother, namely, the deceased, as usual had gone to the jungle to graze cattle in the company of some other boys. In the evening at about 7 PM the deceased after tethering the cattle in the cowshed, located about 4 kms from his house, was returning home in the company of Pratap Chand and PW 3 Parveen Kumar. PW2 alongwith Jagan Nath, Hans Raj and PW 4 Ramesh Chand, was also at that time returning home after having cut the wood. They were walking about 25 yards behind the deceased and his companions. PW 2 and his companions heard the shouts of PW 3 Parveen Kumar that the accused had stabbed the deceased Megh Raj and was running away alongwith one Satpal. PW 2 with the help of Jagan Nath, Hans Raj and PW 4 Ramesh Chand was able to catch the abovenamed Satpal while he was trying to escape. The accused was, however, able to run away. PW 2 and his abovenamed companions took Satpal to the spot near a "Shiv Mandir", where they found the deceased lying injured with a stab -wound on his chest. The injury was profusely bleeding. The deceased was unable to respond. The deceased was carried to Nagrota Hospital by PW 2 with the help of others. The deceased on reaching the hospital was declared dead by the doctor on duty.

(3.) Information about the deceased having been brought to the hospital dead with a stab injury was given to the police by the doctor on duty. On the basis of such information PW 15 Sub Inspector Ram Chand went to the hospital where he recorded the statement Ex. PW 2/A of PW 2 under section 154, Code of Criminal Procedure. On the basis of such statement, a case for the offence under section 302, read with section 34, Indian Penal Code, came to be registered tit Police Station, Kangra vide F.I.R. No. 402 of 1997 (Ex. PW 10/A).