MANJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant, Manjeet Singh, hereinafter referred to as the accused, by virtue of the present appeal has assailed the conviction and sentence as imposed upon him by the learned Additional Sessions Judge, Shimla, for the offences under Section 302 and 324, Indian Penal Code, and under Section 27 of the Arms Act, 1959, vide judgment dated 27.3.2002.

(2.) The matrix of the prosecution case may be thus stated PW5 Jaipal is running a taxi in Shimla. On 31j1 2.2000 at about 9 p.m. he had gone to Hotel Apsra at Cart Road, Shimla, to inquire from PW8 Budhi Singh, Manager of the Hotel regarding the booking of his taxi by some passenger staying in the Hotel. PW -8 asked PW5 to come after some time. Both PW5 and PW -8 then went together to Hotel Basant for celebrating New Year eve. They wined and dined together at Hotel Basant till about midnight. PW -8 Budhi Singh returned to Hotel Apsra while PW5 Jaipal came towards Cart Road where PW6 Romi Kapoor. PW7 Pawan Kumar, Deep Chand and Rajnish alias Rintu met him and inquired about the booking of a room in the Hotel as earlier agreed upon. PW5 Jaipal went to Hotel Apsra. He did not find PW8 Budhi Singh there. He, therefore, went upstairs in the Hall of the Hotel where he found accused Manjeet Singh along with S/Shri Balraj and Surender Kumar present there taking liquor. PW5 Jaipal inquired from the accused about the Manager of the Hotel to which the accused is alleged to have retorted that he was not the Chowkidar of the hotel so as to know and tell about the Manager. Accused is further alleged to have started abusing PW5 Jaipal by proclaiming that he was serving in Punjab Police. The accused is further alleged to have started beating PW5 Jaipal by giving him a fist blow on his mouth. PW5 Jaipal ran outside. He was met by the above -named Romi Kapoor (PW -6), Deep Chand, Pawan Kumar (PW7) and Rajnish. He narrated the incident to them. S/Shri Romi Kapoor (PW6), Rajnish alias Rintu and PW7 Pawan Kumar went inside the Hall while PW5 Jaipal and one Roshan remained standing at the entrance of the Hotel. Rajnish alias Rintu inquired from the accused as to the cause for his having given beatings to PW5 Jaipal. The accused is alleged to have told his companions, S/Shri Balraj and Surender Kumar to tell Rajnish and his friends about the cause of the beating to PW5 Jaipal. S/Shri Balraj and Surender Kumar are then alleged to have abetted and instigated the accused by saying "Carbine Ka Kamal Dekhao". Whereupon accused is alleged to have fired shots from his carbine, which hit Rajnish alias Rintu, PW6 Romi Kapoor, PW5 Jaipal and PW7 Pawan Kumar. Rajnish alias Rintu sustained two shots on his chest and he fell down on the ground. The accused and Balraj are alleged to have run away after the gun shots. PW5 Jaipal lifted Rajnish alias Rintu and carried him to I.G.M.C. Hospital, Shimla, where he was declared dead.

(3.) On the telephonic message of one Pradeep Kumar, PW25 Jagdish Ram, Station House Officer, Police Station Sadar reached the spot. The abovenamed Surender Kumar, a companion of the accused, was apprehended from the toilet of the Hotel. Since the injured persons had already been taken to the Hospital, PW25 went to the Hospital and recorded the statement of Ex. PW5/A 6f PW5 Jaipal under Section 154, Code of Criminal Procedure, on the basis of which a case for the offences under Section 302, 307 and 323 read with Section 34 Indian Penal Code, came to be formally registered vide F.I.R. No. 1/2001 (Ext. PW19/A).