RAM PARKASH Vs. STATE OF HP

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 374 Cr.P.C. against the judgment dated 10.6.2003 passed by the learned Sessions Judge, Hamirpur, vide which, the appellant was held guilty under Sections 307 and 333 of the IPC and Section 27 of the Arms Act, and he was convicted and sentenced as under: 307 IPC RI for a period of three years and to pay a fine of Rs.5,000/-. In default of payment of fine, to undergo RI for a further period of one year. 333 IPC RI for a period of two years and to pay a fine of Rs.3,000/-. In default of payment of fine, to undergo RI for a further period of six months. 27 of Arms RI for a period of three years and to pay a Act fine of Rs.3,000/-. In default of payment of fine, to undergo RI for a further period of six months. Whether reporters of local newspapers may be allowed to see the judgment? Yes.

(2.) Briefly stated, the facts of the case are that on 2.7.2001, Smt.Kamla Devi, wife of the appellant, informed Police Station, Sadar, Hamirpur, H.P. telephonically that the appellant had fired a gunshot on her son Shiv Dutt in their house at Bhota Bazar, District Hamirpur, H.P. The information was reduced into writing vide rapat Rojnamcha No.49. On receipt of the said information, Sansar Chand, the then Inspector/SHO, Police Station, Sadar Hamirpur accompanied by other police officials left for the spot. He recorded the statements of the witnesses and registered the case. However, when the investigation was going on, the accused fired a gunshot from his gun on Constable Parmodh Singh, who was on duty at that time. Thereafter, the injured Parmodh Singh was medically examined and a case was registered. After investigation, the challan was filed before the learned Chief Judicial Magistrate, Hamirpur, H.P., who committed the case to the learned trial Court. The learned trial Court tried the appellant leading to his conviction and sentence, as detailed above.

(3.) I have heard Mr.Bhupender Ahuja, learned counsel for the appellant and Mr.Vikas Rathore, learned Deputy Advocate General, for the respondent, and have gone through the record of the case.