SHRI ISHWAR DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH these appeals are being disposed of by one judgment as they arise out of the same judgment delivered by the Additional Sessions Judge (I), Kangra at Dharamshala, dated 3.4.1999 in Sessions Case No. 16 -G of 1998. Vide the impugned judgment, the learned Sessions Judge acquitted Kuldip Kumar, Ram Piari and Prabhi Devi, accused, of having committed offences punishable under Sections 323 and 302 read with Section 34 IPC. He, however, convicted accused Ishwar Dass of having committed an offence punishable under Section 304 Part -I and under Section 27 of the Arms Act, but acquitted him of the other offences of which he was charged i.e. under Sections 452, 323, 307 and 302 read with Section 34 IPC. Ishwar Dass was sentenced to undergo rigorous imprisonment for a period of five years and a fine of Rs. 3,000/ - for commission of offence under Section 304 Part -I IPC. In default of payment of fine, he was directed to undergo rigorous imprisonment for a period of one year. Ishwar Dass was also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/ - under Section 27 of the Arms Act and in default of payment of fine, to undergo further rigorous imprisonment for a period of two months. The substantive sentences were directed to run concurrently.

(2.) AGGRIEVED by the aforesaid judgment of the learned trial court, Criminal Appeal No. 153 of 1999 has been filed by Shri Ishwar Dass who has challenged the conviction and sentence imposed upon him. Criminal Appeal No. 302 of 1999 has been filed by the State in which it is alleged that the accused be convicted under Section 302 read with Section 34 IPC.

(3.) ON 11.12.1997 at about 8.30 p.m. PW -16 ASI Shresta Devi, then working in Police Station Jawalamukhi, received a telephonic message from PW -8 Shri Bishamber Dass to the effect that accused Ishwar Dass had given beating to Hans Raj due to which Hans Raj has suffered injuries on his head and a gun shot has been fired in the air by accused Ishwar Dass. Ishwar Dass had inflicted injuries with the butt of the gun on the person of Hans Raj and another person had been confined in a room. The said information was recorded in the daily diary as Ex. PW -16/A. ASI Shresta Devi informed PW -12 Inspector Gobind Ram about the message received by her as soon as he reached the police station. Thereafter, a police party went to the house of PW -4 Hans Raj. Statement of PW -4 Hans Raj was recorded under Section 154 Code of Criminal Procedure (the copy of which is Ex.PW -4/A) on 12.12.1997 at 12.15 a.m.