RANJIT SINGH @ CHHOTU Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal has been preferred by the accused-appellant Ranjit Singh @ Chhotu, against the judgment dated 7.4.2017, passed by learned Additional Sessions Judge (II), Mandi, District Mandi, Hiamchal Pradesh (Camp at Jogindernagar), in Sessions Trial No.63/2015, titled as State v. Ranjit Singh alias Chhotu & others, in case FIR No.34/2015, registered at Police Station, Jogindernagar, under Sections 451, 323, 325, 307 read with Section 34 of the Indian Penal Code (herein after referred to as IPC), wherein appellant-accused has been convicted under Sections 451, 325 & 307 IPC, whereas co-accused Ramzan and Sanjeev Kumar alias Sanju have been acquitted.

(2.) The trial Court has awarded sentence to the appellant as under:

(3.) Investigating Agency was set in motion on the basis of telephonic call received in Police Station, Jogindernagar, from the Office of Medical Officer, Civil Hospital, Jogindernagar. The said telephonic call was recorded in the Daily Station Diary, vide GD Entry No.22(A) (Ex.PW-9/A), whereby it was informed that one injured person has been brought to the Civil Hospital, Jogindernagar, in Ambulance 108, whereupon Investigating Officer PW-13 SI Yog Raj, alongwith ASI Rajesh Kumar, PW-14 HHC Prakash Chand and HHC Praveen Kumar, rushed to the Hospital in Government vehicle. On reaching Hospital at about 11 a.m., he moved an application Ex. PW-13/A to the Medical Officer for issuance of MLC of Injured Bhawani Singh and for opinion about fitness of injured to make statement. On opinion of the Medical Officer that injured was unfit for making statement, statement Ex. PW-1/A of mother of victim, i.e. PW-1 Ram Piari was recorded under Section 154 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) and the same was sent through HHC Prakash Chand to the Police Station for registration of FIR and on the basis of the said statement (Ruka) FIR Ex.PW-12/A was recorded by PW-12 ASI Sukesh Kumar and after making endorsement Ex.PW-12/B on Ruka, it was sent back to the Investigating Officer.