RAJ KUMAR ALIAS BHAMBU Vs. STATE OF HP

JUDGEMENT

(1.) The two appellants, Raj Kumar alias Bhambu and Charan Singh, hereinafter referred to as the accused, stand convicted for the offence under section 307 read with section 149, Indian Penal Code, by the learned Sessions Judge, Una in Sessions Trial No. 23/97 vide judgment dated 3.6.1998 -and sentenced to rigorous imprisonment for three years and to pay a fine of Rs.5000/ - each. In default of payment of fine, each of the two accused has been sentenced to undergo imprisonment for a further period of six months. It was further directed that the amount of fine, if realized, shall be paid to the injured Bikram Singh.

(2.) Briefly, the prosecution story may be thus stated. PW -1 Smt. Vijay Laxmi is the wife of one Ramel Singh of village Bhadsali. The two accused, who are collaterals of the said Ramel Singh, are also resident of the same village. The marriage of Rekha Kumari daughter of PW 1 Smt. Vijay laxmi and a resident of Nikku Nangal in District Ropar (Punjab) had come to village Bhadsali to attend and take part in the said marriage being the maternal uncle of the bride. The marriage party along with the bride returned on 29.10.1995 at about 6.30 PM. Bikram Singh and one Rakesh Kumar (son of PW 1 Smt. Vijay Laxmi) went to see off the marriage party upto some distance and thereafter Bikram Singh is alleged to have gone to the house of one Hans Raj.

(3.) Arun Kumar, another son of PW 1 Smt. Vijay Laxmi, who had gone to the house of one Mohinder Singh to fetch milk, returned home at about 8.30 p.m. He informed his mother (PW 1) that the two accused along with Husan Chand and Basheshar Singh had attacked and assaulted Bikram Singh and had carried him away in a truck. PW 1 Smt. Vijay Laxmi accordingly informed the police telephonically. On the basis of such information, the police came to the village and recorded the statement Ex. PA of Smt. Vijay Laxmi (PW1) on the basis of which a case for the offences under section 147, 148, 149 and 323, Indian Penal Code, came to be registered at Police Station, Una, vide FIR No. 556/95 (Ex. PW 17/A).