PANCH RAM Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant appeal, stands directed, by the appellants, against the judgment of their conviction, as, pronounced, on, 5.9.2019, by the learned Additional Sessions Judge, Hamirpur, upon, Session Trial No. 11 of 2016, wherethrough, findings, of conviction, became returned, upon, the appellants, for, theirs committing offence(s) punishable, under Section 147, 148, and, under Sections 302, read with Section 149, of the Indian Penal Code, (i) and, also therethrough, the, accused/appellants, stood sentenced, to, undergo rigorous imprisonment extendable, for, a period of two years, and, to pay a fine of Rs. 5000/- each, and, in default of payment of the fine amount, they become sentenced, to, further undergo simple imprisonment, for, a period of six months, for, commission of offence, punishable under Sections 147, and, 148 of the Indian Penal Code, and, besides each stood sentenced, to, undergo rigorous imprisonment, for, life, and, to pay a fine of Rs. 15,000/- each, and, in default of payment, of, fine amount, each stood further sentenced, to, undergo simple imprisonment for a period of one year, for, commission, of, an offence punishable under Section 302, read with Section 149, of, the Indian Penal Code. The appellants becoming aggrieved, from, the afore verdict of conviction, made upon, them, and, also from the imposition, upon them, of, the afore sentences, hence thereagainst, cast a challenge, through, theirs instituting the instant appeal, before this Court.

(2.) The genesis of the prosecution case, as, becomes encapsulated, in the statement, of, one Vinay Kumar, statement whereof is comprised, in, Ext. PW9/A, makes narrations therein, (i) that, on 23.3.2016, his, on account of Holi festival, falling on the afore date, hence not preceding to work, rather his as, of, earlier, along with Rinku, Ashu, Panku and Subhash, assembling in the fields of Rinku, and, theirs preparing meat, (ii) and, at about 6.30 PM, on the afore date, 3-4 Nepalis coming near the afore site, and, theirs thereat proceeding, to, rub cannabis plant with their hands. The afore act of the Nepali persons, are narrated therein, to become protested by Rinku, and, thereupon the Nepalis, leaving the site, and, returning to the site, at, about 7.30 PM, along with 7-8 persons, and, all of them, carrying Darats, axes and dandas. Moreover, he also narrates therein, that he along with PW-1 Pankaj Kumar, witnessing the afore Nepalis, inflicting blows, with user of afore weapons, of, offence, upon, Ashu and Rinku, and, in sequel thereto, blood oozing therefrom. He further makes a narration therein, qua hence theirs taking, to, hide themselves, near the wheat fields, and, owing to fear, theirs raising, a, hue and cry. Upon theirs raising, a, hue and cry, the Nepalis are, echoed therein, to flee from the spot, towards their house/shelter(s), and, thereafter, upon theirs reaching the spot, theirs noticing that Ashu, and, Rinku lying on the ground, in an injured condition, and, blood oozing from their injuries. Moreover, a further narration is also carried therein, that one axe, pieces of dandas, hence also lying on the spot. Furthermore, he states that slippers and plastic boots, were, also found lying on the spot. The villagers upon hearing their hue(s) , and, cry(ies), are echoed therein, to, also arrive at the spot. Both Ashu, and, Rinku were taken to Regional Hospital, Hamirpur, and, on reaching there, injured Rinku was declared brought dead, and, injured Ashwani was referred to PGI Hospital, but enroute, at place Bangana, he is stated to succumb, to, his injuries.

(3.) In pursuance, to, the recording of Ext. PW9/A, a formal FIR, bearing No. 22 of 2016, borne in Ext. PW-33/A, became registered with the Police Station Nadaun, District Hamirpur, H.P.