LACHHIRAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.2.1998 passed by the learned Additional Sessions Judge, Solan whereby the appellant/accused (hereafter referred to as the accused) has been convicted under Section 304 -A IPC and has been sentenced to under go rigorous imprisonment for one year and fine of Rs. 10,000/ - and in default of payment of fine to undergo simple imprisonment for six months.

(2.) Case of the prosecution in brief is that Dharam Singh (since deceased), his wife Lata Katoch (PW -1) along with their children Gaurav and Sudhir Kumar (PW -7) were residing with their other family members, namely, Lachhi Ram (the accused), his wife Shankru Devi (PW -2) and Gita Ram (PW -4), brother of the deceased in village Nav -Chabla. Karma Devi (PW -3) sister of the deceased was also residing with them after the death of her husband. On 4.3.1996 when the deceased returned home at about 9 p.m. PW -1 was busy with her children and other members had, slept. The deceased informed PW -1 that he would take his meals and would bring a "Lota" (a small utensil used for keeping and serving water) of water from the kitchen. After some time PW -1 heard a laud blast from the kitchen. She ran towards the kitchen and on reaching there found that the deceased had been injured by a gun shot from a breach loading gun which was kept loaded in the kitchen for drying. Immediately thereafter the accused. PW -2, PW -3 and PW -4 also arrived at the scene. The deceased was removed to Jabli road where Kulwant Singh (a co -accused before the trial Court who has been acquitted by the impugned judgment) and Rattan Singh (PW -10) met them. A Jeep was arranged from Cosmo Factory and the deceased was then removed to ESI Hospital, Parwanoo where he died. In the meanwhile, Kulwant Singh had telephonically informed the police at Police Station, Parwanoo that the deceased had sustained injury by a breach loading gun and has died in ESI Hospital Parwanoo. On receipt of this information, Inspector Sri Ram (PW -20) S.H.O. Police Station, Parwanoo along with some other police officials went to the. ESI Hospital Parwanoo and recorded statement of PW -1 Ext. PW -1/A under Section 154 Cr.P.C. On the basis of the said statement formal F.I.R. Ext. PW -17/A under Section 304 -A IPC was recorded at Police Station, Parwanoo and the investigation of the case by PW -20 followed. On visiting the spot PW -20 found a broken gun in the kitchen room of the house of the family of the deceased. While inspecting the bed room of the deceased he noticed blood on the quilt and Khandolu lying on the cot. Some broken pieces of the butt of the gun were also found lying near the door of the bed room of the deceased. This led PW -20 to believe that the incident resulting in the death of the deceased occurred in the bed room of the deceased and not in the kitchen. He prepared the site plan Ext. PW -20/A and took into possession blood stained Khandolu and cover of the quilt vide memo Ext. PW -6/D. 12 broken pieces of the butt of the gun were also taken in possession vide memo Ext. PW -6/E. The licence of the gun, the gun, one 12 bore empty cartridge, two live cartridges were also taken in possession respectively vide memos Ext.PW -4/E, PW -6/A, PW -6/E and PW -6/C. Photographs of the gun were recovered were taken, negatives whereof are Exts. PW -13/D.PW -13/E, PW -13/F, PW -12/C and PW -12/D and the photographs are Exts. PW -13/A, PW -13/B, PW -13/C, PW -12/A and PW -12/B. Postmortem of the dead body of the deceased was conducted in ESI Hospital, Parwanoo by Dr. Anil Kumar PW -Ex who prepared the Postmortem report Ext.PW -9/B. According to the medical opinion given by PW -9, the cause of death of the deceased was gun shot injury leading to massive hemorrhage, shock and death. PW -9 also took in possession the wearing apparels and other pieces of clothes found on the body of the deceased at the time of conducting the Post -mortem examination. The said gun, live cartridges, empty cartridges, pieces of the butt of the gun, the wearing apparels of the deceased etc. were sent to Central Forensic Science Laboratory Chandigarh for examination and comparison. The report received from the said Laboratory is Ext.PW -20/D according to which the empty cartridge was found to have been fired through the gun in question and could not be fired through any other firearm. The holes in the wearing apparels of the deceased, namely, shirt and sweater were found to have been caused by fire. The blood stained Khandolu and cover of the quilt along with blood sample of the deceased were sent to State Forensic Science Laboratory, Junga for test and vide report Ext. PW -20/E from the State Laboratory it was found that the blood found on the cover of the quilt, Khandolu and the blood sample of the deceased was of Group -A. During investigation, it was found that said Kulwant Singh prompted PW -1 to give wrong information to the police vide her statement Ext.PW -1/A whereas on 4.3.1996 accused went to the bed room of the deceased and made in quiries from him about the gun which was concealed by the deceased. The accused claimed that the deceased had no authority to conceal the gun as the accused was the holder of the licence of the gun. PW -1 then handed over the gun to the accused that loaded the same and fired at the deceased who was at that time on the cot. The gun shot hit in his stomach. PW -1, PW -2, PW -3, and two children of the deceased were also present at the time of the occurrence. Immediately after the occurrence PW -4 also came in the room and noticed the gun injury on the person of the deceased. It is further case of the prosecution that when the deceased was being taken to the Hospital said Kulwant asked Chattar Singh, Bheem Bahadur, PW -1, PW -3 and PW -4 to state before the police that the deceased received gun shot injury due to fall of the gun in the kitchen while he was taking his meals. The Investigating Agency thus came to the conclusion that the deceased was murdered by the accused and said Kulwant Singh prompted PW -1 to make false statement with a view to save the accused. Therefore, the case was converted to be one under Section 302,201 and 177 IPC and a charge -sheet was accordingly submitted against the accused and said Kulwant Singh.

(3.) The learned Additional Sessions Judge framed a charge under Section 302/201 IPC against the accused and a charge under Section 201/177 IPC against Kulwant Singh to which they pleaded not guilty and claimed to be tried.