PIAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This judgment shall dispose of appeals Nos. 98 of 1982 and 6 of 1983. Piar Chand, Sansar Chand and Joginder Singh (hereinafter called the accused) were charged and tried by the Sessions Judge, Hamirpur under section 302 read with section 34 of the Indian Penal Code for having committed the murder of Shamsher Singh by a gun fire on the intervening night of 14/15th March 1982. The Sessions Judge. Hamirpur vide his judgment, dated 29th November, 1982 convicted Piar Chand, under section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment Sansar Chand and Joginder Singh accused were however, acquitted of the charge. Aggrieved from this judgment of conviction, Piar Chand (accused) has filed Criminal Appeal No. 98 of 1982. The State has also filed Criminal Appeal No.6 of 1983 challenging the acquittal of Sansar Chand and Joginder Singh (accused). The admitted facts are that Piar Chand and Sansar Chand (accused) are sons of Mast Ram. They are residents of village, Tareti, Joginder Singh (accused) is a resident of Village Jalari.

(2.) Shamsher Singh (deceased) was a medical practitioner and was practicing at Village Barra. He was married to Smt. Shanti Devi (P.W. 7) of village Choru. Jagdip Singh (P.W. 4) is the father of Smt. Shauti Devi, and Prem Singh (P.W. 3) is brother of Jagdip Singh Smt. Shanti Devi is employed as a school teacher in village Naura, District Julundhur. She was married to the deceased about two years prior to occurrence. Smt. Shanti Devi did not give birth to any child from the marital Union Smt. Krishana Devi (P.W. 11) is the mother of Smt. Shanti Devi. Smt. Bimla Devi (P.W. 10) is the daughter-in-law of Smt. Krishna Devi. Bahadur Singh (P.W. 1) is the Pradhan of village Choru. Jagdip Singh (P.W. 4) is a resident of Village Choru which is at a distance of about 31/2 K.M. from Village Barra.

(3.) According to the prosecution story, on 9th March. 1982 the deceased along with his wire Smt. Shanti Devi (P.W. 7) came from village Naura to village Choru to attend a marriage. The deceased was living with Smt. Shanti Devi at village Naura, He was retaining his clinic at village Barra and was keen to shift to village Naura where his wife was employed. The deceased, was receiving, threats to his life from the accused. The prosecution version is that the/mother of Piar Chand and Sansar Chand (accused) was given a wrong injection by the deceased in the year 1979 as a result of which she died.