PREM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) BOTH appeals filed against the same judgment and sentence passed by learned Sessions Judge Una in Sessions Case No. 6 of 2006 titled State of H.P. Vs. Prem Chand @ Bhalli and others decided on 29.9.2007 as both appeals have arisen out of the same judgment and sentence. Hence both appeals are consolidated in order to avoid repetition in the ends of justice.

(2.) IT is alleged by prosecution that on dated 29.5.2005 at about 8.30 p.m. near a flour mill in village Jalgran Tehsil and District Una co -accused Prem Chand @ Bhalli in furtherance of common intention committed murder intentionally and caused death of Karnail Singh through sword. It is further alleged by prosecution that on the same date time and place co -accused Prem Chand @ Bhalli in furtherance of common intention voluntarily caused hurt to complainant Kuldip Kumar through sharp edged weapon. It is alleged by prosecution that on dated 29.5.2005 PW1 Kuldip Kumar and deceased Karnail Singh went to attend a marriage ceremony at village Haroli. It is alleged by prosecution that after attending marriage ceremony PW1 Kuldeep Kumar boarded a bus to village Jalgran. It is further alleged by prosecution that on dated 29.5.2005 at about 8.30 p.m. when complainant Kuldeep Kumar and deceased Karnail Singh after alighting from the bus near village Jalgran and when they crossed the road they met with co -accused Prem Chand along with other co -accused persons. It is alleged by prosecution that co -accused Surat Ram was in possession of a stick and co -accused Prem Chand was in possession of a dagger. It is further alleged by prosecution that co -accused Prem Chand and other co -accused persons assaulted deceased Karnail Singh. It is further alleged by prosecution that co -accused Prem Chand inflicted a dagger blow on the left side of the back portion of body of deceased Karnail Singh and co -accused Surat Ram inflicted a stick blow upon deceased Karnail Singh. It is further alleged by prosecution that other co -accused namely Pawan Kumar, Surat Ram and Ashwani Kumar also assaulted deceased Karnail Singh with fist blows. It is further alleged by prosecution that when PW1 Kuldip Kumar intervened to rescue deceased Karnail Singh co -accused Prem Chand inflicted dagger blow upon injured PW1 Kuldip Kumar in the abdomen. It is further alleged by prosecution that thereafter PW1 Kuldip Singh raised alarm whereupon PW2 Purshotam and one Prem Chand both residents of village Jalgran came at the spot and thereafter accused persons left the place of incident. It is further alleged by prosecution that thereafter PW1 Kuldip Kumar and PW2 Purshotam and Prem Chand took deceased Karnail Singh to Zonal hospital Una where Karnail Singh was declared brought dead. It is further alleged by prosecution that thereafter HHC Ashwani Kumar informed PW17 Inspector Ajay Rana that two persons namely Karnail Singh and Kuldeep Kumar were brought to regional hospital Una in injured condition and karnail Singh had died. It is further alleged by prosecution that on the basis of information PW17 Ajay Rana recorded daily diary report No. 17 Ext 13/A and proceeded to zonal hospital Una along with ASI Darshan Singh, HC Dilbag Singh, HC Sarabjit Singh, Constable Vijay Kumar, LHC Ram Avtar and LHC Nirmal Singh. It is further alleged by prosecution that statement of complainant PW1 Kuldeep Kumar under Section 154 Cr PC Ext PW1/A was recorded and thereafter FIR was registered. It is further alleged by prosecution that injured PW1 Kuldeep Kumar was also medically examined in regional hospital Una and medico legal certificate Ext PW8/A was issued. It is further alleged by prosecution that blood stained dust Ext P3 and two blood stained stones Ext P4 were took into possession and sealed in a parcel. It is further alleged by prosecution that site plan Ext PW17/A was prepared. It is further alleged by prosecution that blood stained shirt Ext P2 of complainant Kuldeep Kumar took into possession vide seizure memo Ext PW1/B. It is further alleged by prosecution that inquest reports Ext PW17/B and Ext PW17/C prepared and post mortem report also obtained. It is further alleged by prosecution that co -accused Ashwani Kumar was also medically examined and photographs of the spot Ext PC/1 to Ext PC/8 also obtained. It is further alleged by prosecution that sealed parcels were deposited in malkhana and disclosure statement of co -accused Prem Chand Ext PW6/A was obtained qua dagger Ext P1. It is further alleged by prosecution that pursuant to disclosure statement Ext PW6/A dagger Ext P1 was recovered and same was took into possession and sketch of weapon of offence Ext PA -1 was prepared. It is further alleged by prosecution that statements of prosecution witnesses were recorded. It is further alleged by prosecution that compromise executed between deceased Karnail Singh and accused persons also took into possession by PW16 Pritam Singh vide memo Ext PW3/B. It is further alleged by prosecution that sword sealed in a parcel was also deposited. It is alleged by prosecution that all the parcels were sent for chemical analysis to FSL Junga through PW12 Constable Kushal Dev vide RC No. 996 of 2005 dated 6.6.2005. It is further alleged by prosecution that chemical analyst report Ext PW17/H took into possession. Learned Sessions Judge Una framed charges against accused persons under Section 302 read with Section 34 of the Indian Penal Code and under Section 324 read with Section 34 of the Indian Penal Code. Accused persons did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -