BHURA KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant/accused/convict prefers, the, instant appeal before this Court, against, the verdict of conviction recorded, upon, Sessions Trial No. 6-NL/7 of 2016, by the learned Additional Sessions Judge, Nalagarh, District Solan, H.P. The appellant herein (for short "the accused") became convicted, for, the charges framed against him, under, Section 302, and, under Section 323, of, the Indian Penal Code, and, in consequence thereof, he becomes sentenced as follows:- Under Section 302 of IPC:- to undergo rigorous imprisonment for life alongwith a fine of Rs.5,000/-, and, in default of payment of fine to further undergo simple imprisonment for a period of 6 months. Under Section 323 of IPC:- to undergo simple imprisonment for six months alongwith a fine of Rs.1000/-, and, in default of payment of fine to further undergo simple imprisonment for a period of one month.

(2.) The genesis of the prosecution case, becomes embodied in a statement made, under Section 154 of Cr.P.C, by one Hari Kishan, statement whereof, is embodied in Ex. PW-1/A, (i) wherein the maker thereof, narrates qua in vicinity of his Jhuggi, the Jhuggi of one Sanjeev, Maan Singh, and, of Bhura Singh also existing. He also makes a narrative therein qua on 3.7.2015, at about 8.00 p.m., when he was inside his jhuggi, his responding to shrieks and cries, hence emanating from outside, and upon, his egressing therefrom, his sighting the accused to wield an iron pipe, in his hand(s). He also unfolds therein, vis-a-vis, the accused hurling abuses, upon the deceased, and, upon Sanjeev and Maan Singh, making intercession(s), thereupon the accused getting infuriated, and, hence his inflicting blows of iron pipe, upon the neck, of Sanjeev, and, upon the head of Maan Singh, and, whereafter his fleeing, from, the site of occurrence, rather alongwith the iron pipe. He also makes, a, narration therein qua his alongwith other neighbours, taking the afore, to Government Hospital, Baddi, whereat, injured Sanjeev was declared dead.

(3.) In pursuance to the afore made statement, a formal FIR borne in PW-9/C became lodged with Police Station, Baddi. Moreover, during the course of investigations, being made into the charged offences, the Investigating Officer, through memo, borne in Ex. PW-1/B, recorded an apt disclosure statement of the accused, and, therein echoings are borne, vis-a-vis, the accused camouflaging and hiding, the, afore weapon of offence, in the bushes near Ghagar river, and, his evincing his willingness to lead the Investigating Officer hence thereupto. Also, in pursuance thereto, through memo Ex. PW-1/C, iron pipe Ex. P-1, became recovered, and, became sealed in cloth parcel, borne in Ex. PA.