VARINDER KUMAR @ BABLA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Feeling aggrieved, the appellant -accused (hereinafter referred to as the accused) has preferred the present appeal against the judgment dated 31.12.1997 passed by learned Additional Sessions Judge (1), Kangra at Dharamshala whereby the accused has been convicted for an offence under Section 302 I.P.C. and has been sentenced to undergo rigorous imprisonment for life and to pay fine in the sum of Rs.3,000/ - and in default of payment of fine to undergo rigorous imprisonment for a further period of one year.

(2.) The facts giving rise to the present appeal are as follows:

(3.) On 1.10.1996 at about 11.15 AM a telephonic message from Om Parkash (PW -8) a Shop Keeper of Fatehpur was received in Police Station, Dharamshala conveying that there had been a group clash in Fatehpur Bazar wherein a boy had been injured. On receipt of this telephonic information a report daily -diary Ext. PW -13/A was recorded in the Police Station by Onkar Singh (PW -13) and A.S.I. Jasbir Singh (PW -15) accompanied by a few other police officials went to the place of occurrence. On reaching at the place of alleged occurrence he came to know that the injured whose name was Ranjeet Singh had been removed to the Zonal Hospital, Dharamshala. After making arrangements for preserving the place of occurrence PW -15 proceeded to Zonal Hospital Dharamshala where he learnt that said Ranjeet Singh had died. PW -15 Jasbir Singh then recorded the statement of Parmeshwari Dass (PW -1) under Section 154 of the Cr. P.C. Ext. PW -l/A which disclosed that at about 10AM on 1.10.1996 when PW -1 who was coming to Dharmshala reached at the Tea Stall of one Kamal at Fathepur the deceased and Vikas Kumar (PW -17) came to the said Tea Stall and sat there. At about 10.45 AM accused Virender Kumar accompanied by a boy stated to be son of one Parkash Chand R/O Village Khaneyara came inside the Tea Stall. Accused Virender Kumar alias Babla asked Ranjeet Singh as to why he had beaten up the boy who was accompanying the accused. The deceased replied that he had no quarrel or dispute with him and inquired as to who he was to ask such questions from him. The conversation led the deceased and the accused to grappling and PW -1 Parmeshwari Dass started pacifying them. However, the accused took out a dagger (chhura) from the pocket of his pant and gave blows therewith on the left side of the chest and right side of the back of the deceased who attempted to go out of the tea stall but collapsed in front of the stall. At the time of occurrence Tarlok Chand and Mahinder Singh were present on the spot and so many other persons had also gathered there. PW -1 Parmeshwari Dass left on a scooter to the house of the injured and after his return there from along with the family members of Ranjeet Singh he was removed to the Hospital where he was declared dead. On the basis of the statement Ext. PW -l/A a formal F.I.R. Ext.PW -13/B came into being at Police Station, Dharmshala. PW -15 Jasbir Singh A.S.I, prepared inquest papers Exts. PW -15/B and PW -15/C and applied for post mortem examination of the dead body of Ranjeet Singh vide application Ext. PW -7/A. The dead body of Ranjeet Singh was photographed by Pawan Kumar (PW -11), the negatives whereof are Exts. PW -1 I/A to PW -ll/D and the developed photographs are Ext. PW -11/E to Ext.PW -11/H. Thereafter, the Investigating Officer (PW -15) returned to the place of occurrence where Krishan Chand A.S.I. (PW -18) had already reached. PW -18 prepared the spot map Ext. PW -18/A and also got the place of occurrence photographed from Tara Chand (PW -10) the negatives whereof are Exts. PW -10/A and PW -10/B and the developed photographs are Exts. PW -10/C and PW -10/D. He also took in possession the blood soiled earch (?), stone and blood Ext. P -2 vide Memo Exts. PW -2/A in the presence of Parkash Chand PW -2. Dr. D.P. Swami (PW -10) conducted the post mortem examination of the dead body of Ranjeet Singh and prepared and issued the post mortem report Ext. PW -19/A. As per this report the following Anti -mortem injuries were found on the dead -body: "