AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant Amar Singh took his trial before the Sessions Judge, Chamba Division under Section 302 of the Indian Penal Code for the murder of Anoop Singh. By the impugned judgment and order, the learned Sessions Judge in Sessions Case No. 9/ 1998 convicted the appellant on 1-12-1998 and sentenced him to life imprisonment and to pay fine of Rs.5,000/-, in default of payment of fine he shall undergo rigorous imprisonment for one year. In this appeal, the appellant has challenged his conviction and sentence.

(2.) The prosecution case may be briefly stated:

(3.) Anoop Singh (deceased) had been residing in the house of Shri Sukhia Ram (PW-4) in village Miyart Gala. On 29-8-1997 at 7.45 PM when the deceased was sitting in the tea-stall of Pawan Kumar (PW-1) at Miyari Gala, the appellant who was carrying a bottle of illicit liquor came there. The appellant and the deceased consumed the entire liquor at the tea-stall of PW-1. At about 8.30 p.m. Sat Prakash (PW-11) also came there who was already drunk. The appellant asked PW-1 to arrange more liquor for them and the latter obliged them and served half bottle of illicit liquor which was also consumed by the appellant, deceased and PW-11 jointly. It was further case of the prosecution that the appellant then started playing tape recorder of PW-1 and then he along with the deceased and PW-11 started dancing in the tea-stall of PW-1. When they were dancing, a quarrel took place between the appellant and the deceased. PW-1 told both of them that they should leave his tea-stall because he wanted to close the stall and accordingly, all of them came out of the tea-stall. Subsequently, the deceased allegedly took out his jacket and threw the same on the heap of fuel-wood and started giving the kick blows to the planks of the tea-stall of PW-1. The appellant stopped the deceased from doing so and the former wanted to take the deceased to the nearby path, but, deceased started hurling abuses on the appellant. The appellant suddenly took out a lathi from the heap of fuel wood and wielded one blow of lathi on the head of the deceased due to which the deceased fell down and blood started oozing out of the injuries caused on his head as a result of the said blow. It was alleged that thereafter, the appellant had dragged the deceased towards the path and again had given four more blows of lathi on the head and other parts of the body of the deceased in the presence of PW-1 and PW-11. PW-1 had gone to the nearby house of PW-4 where Prakash Chand PW-2 was also present and PW-1 had narrated the entire incident to them. PW5.1, 2 and 4 then came to the spot of occurrence and they found Anoop Singh lying dead below the path and that the appellant and PW-11 both, were not present there. Thereafter, they went to the nearby shop of one Prem Lal and passed on information regarding the incident on telephone to Shri Des Raj, (DW -1) Member Zila Parishad at Khajjiar. The Police had reached the spot of occurrence on the same night. Inspector Shri Kishori Lal (PW-15) on reaching at the spot, recorded the statement of PW-1 (Ext. PA) under Section 154 of the Code of Criminal Procedure on the basis of which FIR (Ext. PK) dated 30-8-1997 came to be registered at Police, Station Sadar Chamba at 4.30 a.m. against the appellant. PW-15 prepared site plan (Ext. PQ) and held the Inquest Report (Ext. PR) on the spot. The dead body of the deceased was sent to the post mortem, which was conducted by Dr. Raman Pun (PW-10) PW-15 recorded the statement of the witnesses. Shri Rajan Gupta, AddI. Chief Judicial Magistrate, Chamba (PW -12) recorded the statement of PW 11 under Section 164, Cr. P.C. On receipt of the report (Ext. PU) of the Scientific Officer, Toxicology and Forensic Science Laboratory, Junga, Dr. Raman Pun reiterated his opinion about the cause of the death of Anoop Singh recorded by him in post mortem report (Ext. PN).