BINDU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these appeals are being disposed by this common judgment as they arise out of the same judgment of conviction passed by the learned Sessions Judge, Chamba convicting the appellants/accused for offences punishable under Sections 302, 307 read with Sections 149 and 148 of the Indian Penal Code (hereinafter referred to as IPC). They have been sentenced for these offences as under: <FRM>JUDGEMENT_572_TLHPH0_2013_1.html</FRM>

(2.) The case of the prosecution is primarily based on the evidence of three eye witnesses namely Shri Girdhari Lal (PW-7), Shri Pritam Singh (PW-8) and Shri Jaram Singh (PW-12).

(3.) The prosecution case, in brief, is that Budhi Prakash, Bindu, Ajeet Singh alias Jeet, Suresh Kumar and Sher Singh in furtherance of their common object murdered Ajay Kumar S/o Sh. Rattan Chand and Rattan Chand S/o Sh. Madho Ram and attempted to murder Sh. Pritam Singh S/o Sh. Singhu Ram. Adverting to the evidence of the first witness PW-7 Girdhari Lal, who states that on 17.06.2005 he was present in village Kakiana in the marriage of his niece Sushma Devi daughter of Khialo Ram which was being celebrated. He, along-with his brother Rattan Chand and nephews namely S/Sh. Pritam Chand, Suneel Kumar, Madan Lal, Anil Kumar and Ajay Kumar had come to attend Chhak (Dham). He and his brother (deceased Rattan Chand) were standing in the Court-yard waiting for the 'Barrat' (marriage party). At about 11.00 p.m the marriage party arrived in the house of Shri Khialo Ram. All the accused present in Court were identified by him as Budhi Prakash, Bindu, Jeet and Sher Singh. The accused called out his brother Rattan Chand and nephew Pritam Singh. On this, Rattan Chand, Pritam Singh and accused started abusing each other. He heard a noise. He went to the spot/place of occurrence which is 2/21/2 yards away from the court yard. According to him, the accused persons started pushing Rattan Chand and Pritam Singh. When he intervened to save them from the clutches of the accused, accused Budhi Prakash, who was carrying a knife, assualted Rattan Chand and caused injuries on his thigh from which blood started oozing out. Accused Sonu was also carrying a knife with which he stabbed Pritam Chand on his chest. Thereafter, accused Budhi Prakash again assaulted Ajay Kumar and stabbed him on the stomach. Accused Sonu then assaulted Madan Lal, who was also injured. Accused Ajeet Kumar was carrying a 'danda' and he hit Suneel Kumar with it. He says that the place of occurrence was well lighted. He and his brother were also beaten up with fists and kicks. This was a sequel to the quarrel which they had on 16.06.2005 at Dham (marriage feast) of one Omi in village Kakiana. He states that injured were taken to Bathari Hospital on 17.06.2005 itself for treatment, where the police also arrived. Pritam Chand and Rattan Chand were referred to Dharamshala for better medical treatment/management. Ajay Kumar died in the hospital at Bathri and Rattan Chand died on the way to hospital at Dharamshala. He proved on record his statement Ext. PW3/B. Knife was recovered by the police in his presence at the instance of accused Sonu @ Suresh Kumar, who told the police that he had concealed a knife in bushes in the village.