KARTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant has been convicted for offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and has been sentenced to undergo life imprisonment and to pay fine of Rs. 50,000/ -. In default of payment of fine, to undergo simple imprisonment for one year. The case of the prosecution is that on 03.09.2005 deceased Suresh Kumar was at the shop of his brother and was returning home on his bicycle. When deceased Suresh Kumar reached Village Bahi, accused Kartar Singh beat him up. Pawan Kumar (PW -3) telephoned PW -2 Tara Chand brother of the deceased that Suresh Kumar is being assaulted by the accused. PW -2 Tara Chand went to the house of the accused where he confronted the father of the accused about the unruly behaviour of his son. He (father of the accused) told PW -2 Tara Chand, he could take whatever action, he likes, as his son is not in his control. PW -2 Tara Chand then proceeded towards Village Bahi where he met PW -3 Pawan Kumar on the way, who informed him that he had been informed that the accused was thrashing his brother. Both of them then proceeded to the scene of the incident where they met deceased Suresh Kumar, who told them he had been assaulted by the accused. When they were searching for the accused, he appeared all of a sudden and stabbed the deceased with a pair of scissors. The deceased collapsed on the spot. Tara Chand (PW -2) cried for help, Pawan Kumar (PW -3) managed a taxi and the deceased was taken to the hospital at Dehra where he was declared brought dead. Intimation was sent to the police. After recording rapat roznamcha; investigation followed. On the evidence of the witnesses, as recorded, the accused was found guilty, convicted and sentenced.

(2.) BEFORE we advert to the other facts, one submission which is raised as preliminary point for decision before this Court was that the accused was unrepresented by Counsel when examination in chief of the prosecution witnesses was conducted, which was in grave and flagrant violation of Article 21 of the Constitution of India as also Section 304 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'). Learned Counsel Sh. Shashi Shirshoo for the accused has taken us through the order sheet of the learned trial Court in support of his submission.

(3.) TAKING into consideration the fact that no Counsel was appearing for the accused, a reference was made to the learned Sessions Judge, Dharamshala, with the request that an Advocate be appointed and the case was fixed for recording evidence on 04.06.2007. On that date, four prosecution witnesses were examined, but there was no defence Counsel. Cross -examination of these witnesses was deferred. The case was then put up on 05.06.2007 on which date the Court notes that there was no response to the reference made to the learned Sessions Judge for appointing Counsel at State expense. Case was adjourned for 07.06.2007, when Shri Dheeraj Lagwal, Advocate, appeared for the accused, who was appointed as Counsel at State expense. The case was then fixed for the evidence of the cross -examination of the witnesses on 13.06.2007 and 14.06.2007. On 13.06.2007, seven prosecution witnesses were cross -examined and on 14.07.2007 seven prosecution witnesses were cross -examined and the statement of one prosecution witness was recorded.