BALJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant who challenges his conviction under Section 307 of the Indian Penal Code (hereinafter referred to as the 'IPC') on the allegations that on 17.9.2009 he had shot at and seriously injured Ram Lal complainant PW-2. The prosecution case is that complainant Ram Lal was sitting in the shop of one Guddu Ram PW-3 at Kalyarkar, who was known to him. At around 5.30 P.M. his nephew Sanjay Kumar PW-6 also reached there on his motorcycle. At around 6.00 P.M. the accused reached there in his Tata Sumo vehicle, abused Sanjay and asked him to take his motorcycle to one side of the road. The complainant asked the accused not to abuse him on which the appellant took out his revolver and shot at him injuring his left arm, due to which blood started oozing and he became unconscious on the spot. He was rushed to the hospital where his statement was recorded. He was thereafter referred to Rajinder Prashad Government Medical College, Tanda (hereinafter referred to as 'RPGMC'). During investigation, the accused surrendered his vehicle No. HP-37-0144 alongwith its documents and keys. The revolver was sent to the Regional Forensic Science Laboratory, which found gun shot fire residues in the barrel. On examination, it was found that the cartridge has in-fact been fired through this revolver. The bullet has been recovered from the body of Ram Lal during surgery. The injury caused was grievous in nature and it shattered the left arm wrist of the complainant.

(2.) The accused was charged under Sections 307 IPC and 25 of the Arms Act. He pleaded not guilty. The prosecution examined as many as 15 witnesses, whereafter accused was examined under Section 313 Cr.P.C. He admitted that on 17.9.2009 at around 6.00 P.M. PW-6 Sanjay Kumar reached at the shop of Guddu Ram PW-3 and parked his motorcycle there. He also admitted that Sanjay was sitting on his motorcycle and after sometime complainant Ram Lal came there and was sitting on the bench. He further stated that the bench was in front of the vegetable 'Khokha'. He also admitted that he reached there in his Tata Sumo vehicle.

(3.) On the evidence on record the learned trial Court convicted the appellant-accused. In order to arrive at its conclusion, the learned Court considered the statement of PW-2 complainant Ram Lal who stated that he was running a shop of welding etc. at Ram Chowk, Palampur. On 17.9.2009 after finishing work at about 5.30 P.M. he reached Kalyarkar at 6.00 P.M. He went to the shop of Guddu Ram, who is his 'Kangan Bhai' (God Brother), his nephew Sanjay PW-6 reached there on a motorcycle and was sitting on it in front of the shop. The accused came there in a Tata Sumo vehicle and started abusing and shouting profanities at him and his nephew. He (complainant) was sitting on a bench outside the shop and accused shot at him from inside the vehicle. The bullet hit him on his left arm, blood started oozing and he became unconscious and regained consciousness in the hospital at Palampur, where his statement Ex. PW-2/A was recorded. After initial treatment, he was referred to RPGMC at Tanda, where he was brought by PW-6 Sanjay and Raju. He then states about handing over the blood stained clothes etc. to the police. In cross-examination he admits that he has no enmity with the accused and that the altercation between appellant and Sanjay took place for the first time. He denied the fact that he was not unconscious. Distance between Tata Sumo vehicle and the place where he was sitting was at about 2/3 feet.