KAMALJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) KAMALJEET Singh -appellant (hereinafter referred to as the accused) has filed this appeal against the judgment and order dated 24.4.2002 passed by learned Sessions Judge, Bilaspur in Sessions Trial No. 17 of 2001, convicting and sentencing the accused as under : - Offence for which convicted Sentences imposed1. Section 307 IPC. Rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo imprisonment for one year.

(2.) Section 25(1 -B)(a) of Arms Act Rigorous imprisonment for 2 years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo imprisonment for 6 months.3. Section 27(2) of Arms Act Rigorous imprisonment for seven years and to pay a fine of Rs. 7,000/ - and in default of payment of fine to undergo imprisonment for 7 months. 2.Ail the sentences shall run concurrently.

(3.) On 5.1.2001, around 1.30 p.m. Shakti Chand, Branch Manager, State Bank of Patiala, Swahan, District Bilaspur informed the incharge of the police at Police Station Kot -Kehloor that two unknown persons after committing robbery of cash of the bank at the point of revolver had run away in car bearing registration No. HR -51 -F -6749 towards Shree Naina Devi Ji Temple. The said information was recorded by Assistant Sub Inspector Gautam Chand (PW -11) is daily diary (Roznamcha Ext. PD) in the Police Station. PW -11 alongwith Head Constable Raghubir Singh (PW -4) Head Constable Babu Ram, Constables Shayam Lal, Daulat Ram, Anant Ram Ranjit Singh and Dev Raj (PW -5) immediately proceeded towards Shree Naina Devi Ji in a taxi bearing Registration No. HR -31 -A -8563 being driven by Balwinder Singh (PW -2). After covering a distance of about two kilometers from a place known as Tobha, the police party stopped on a curve and started checking all vehicles coming from the opposite side. In the meantime, one Zen car of white colour bearing plate No. HR -51 -F -6749 came from the opposite side. The police signalled to the driver of the car to stop but he did not and started to drive the vehicle in reverse gear. The accused was sitting on the front seat of the car. He immediately started firing bullet shots from the revolver aiming at the police personnel. One bullet shot of the revolver went off closely to the left side of ASI PW -11 who escaped from the shot by jumping to the other side, lest he would have received the bullet injury. Similarly, Constable PW -5 also had a narrow escape from the bullet shot of the revolver being fired by the accused. PW -5 and Head Constable Shyam Lal started firing gun shots from their guns in self defence at the car being used by the accused and his companion. One bullet of their gun shot struck against the bonent, while the second bullet struck against the wind screen of the car of the accused causing dents thereupon. The accused and his companion immediately came out of the car and fled away in a nearby forest and while running the accused continued to fire revolver shots on the police party. PW -11 along with Head Constable PW -4 and constable PW -5 chased the accused upto a considerable distance. PW -11 with the help of constable Gulam Deen (not examined) nabbed the accused in the jungle who was armed with one revolver holding in his right hand and one bag was hanging around his neck. Revolver Ext. P -11 and the bag were taken into possession by PW -11. The revolver was of Smith and Wesson (U.S.A.) make. The accused at that time was wearing jacket of cream colour and black pant. On search of the bag currency notes of Rs. 54,504/ -, six live cartridges of 12 bore and four empty cartridges of revolver were found therein. PW -11 prepared sketch plan Ext. PR or the revolver. Six live cartridges of .38 of revolver were recovered from the right pocket of the pant of the accused. Out of those six cartridges one cartridge was retained as sample whereas the other cartridges alongwith four empty cartridges Ext. P -7 to Ext. P -10, the revolver Ext. P -11 and currency notes were taken into possession vide recovery memos Ext. PB and Ext. PC. Four fictitious number plats bearing Nos. PB -10 -AK -0530 and PB -26 -A -1369 found inside the car of the accused alongwith Registration Certificate were also taken into possession. One more bullet, three cassettes and one hockey stick were found inside the car which were also taken into possession vide seizure memo Ext. PE. PW -11. dispatched mkka Ext. PH to the Police Station for registration of the case against the accused. On the basis of rukka Head Constable Surinder Paul (PW -8) recorded the First Information Report Ext.PJ at Police Station Kot -Kehloor. PVNMV seated the packet of the seizured articles which were later -on sent to Forensic Science Laboratory, Chandigarh for examination. In the course of interrogation of the accused, he disclosed the name of his companion who was driving the vehicle at the time of the commission of the offence to be Jaswinder Singh son of Sh. Hem Raj, resident of Rod -Majara, Tehsil Garh Shankar (Punjab), but the Investigating Officer could not trace out Jaswinder Singh who was declared proclaimed offender lateron.