MOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant- accused Mohan Singh @ Mohna (hereinafter referred to as 'accused') against the judgment/order of conviction and sentence, dtd. 8/11/2017 & 10/11/2017, passed by learned Additional Sessions Judge-1, Solan, District Solan, H.P. camp at Nalagarh in Sessions Trial No.05-NL/07 of 2009, whereby accused herein came to be convicted for the commission of offence punishable under Sec. 302 of IPC and Sec. 25 of Arms Act, whereas, he was acquitted of the offence punishable under Sec. 120-B read with Sec. 34 IPC; and co-accused Ram Singh and Dara Singh were acquitted of the offences punishable under Ss. 302, 120- B and Sec. 34 of IPC.

(2.) Precisely, the facts of the case, as emerge from the record are that accused Mohan Singh @ Mohna and co-accused Ram Singh and Dara Singh, faced trial under Ss. 302, 120-B read with Sec. 34 IPC and Sec. 25 of Arms Act, in case FIR No.149 of 2019, dtd. 21/6/2009, registered at Police Station Nalagarh, District Solan, H.P., on the allegations that on 21/6/2009, at about 9-10 a.m., when deceased Paramjeet @ Goldy, came in his car to his shop and was about to alight from the aforesaid vehicle, accused Mohan Singh along with co-accused Dara Singh in furtherance of common intention to commit murder of Paramjeet @ Goldy, came on a Motorcycle bearing registration No.PJ-10- 1371 being pillion rider and having been driven by co-accused Dara Singh had fired a gun shot upon aforesaid Paramjeet @ Goldy, as a consequence of which, he had fallen inside the car and blood started oozing out from his body. Both the accused persons, fled away from the spot on the motorcycle immediately after the occurrence and were identified by complainant Manjeet Singh, Yashpal, Jitender, Gurpal and others. The injured Paramjeet @ Goldy was brought to CHC Nalagarh for medical treatment by complainant Manjeet Singh along with Gurpal and Yashpal from where, he was referred to PGI Chandigarh. As per the case of the prosecution, on receiving telephonic information about the incident, rapat was registered at P.S.Nalagarh and thereafter SHO deputed the police team to visit PGI, Chandigarh, where the statement of complainant Manjeet Singh under Sec. 154 Cr.P.C was recorded, on the basis of which, FIR was registered against the aforesaid accused persons.

(3.) In order to prove its case, the prosecution examined as many as 50 witnesses in all. After closure of prosecution evidence, accused persons in their statements recorded under Sec. 313 Cr.PC, denied the case of the prosecution in toto and did not lead any defence evidence.