KEWAL KRISHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Kewal Krishan, hereinafter referred to as the accused, has assailed the judgment dated 19.6.2007, passed by Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, in S.C. No. 43 -J/VII/06 (S.T. No. 06/07), titled as State of Himachal Pradesh v. Kewal Krishan alias Kalu, whereby he stands convicted of the offences, punishable under the provisions of Section 302 of the Indian Penal Code and Section 27 of the Indian Arms Act, and sentenced as under:

(2.) IT is the case of prosecution that accused, who owns a fishery farm at Sanjwan, Tehsil Indora, District Kangra, Himachal Pradesh, developed intimacy with Usha Rani (PW -6), daughter of Ramesh Chand (not examined), which was objected to by Sonu (deceased), who, while working as a Driver on a Tractor in Shahnehar Project, used to reside in the house of Ramesh Chand. In the presence of Chet Ram (PW -10), accused threatened the deceased of killing him. Ramesh Chand and his wife Rekha Rani (PW -5) used to treat Sonu as their own son. Certain letters were exchanged between the accused and PW -6, expressing intimacy. Dog belonging to Ramesh Chand had died, as accused had given poison. When Sonu learnt about such fact, he confronted the accused. Even then accused threatened Sonu of dire consequences. In the night of 2nd June, 2006, PW -5, PW -6, her sister Nisha and Sonu were sleeping in the compound of their house in village Sanjwan. At that time, Ramesh Chand was away. In the middle of night, accused came armed with a loaded gun, shot Sonu on the chest, as a result of which he instantly died. Hearing the gunshot, Rekha Rani (PW -5) and Usha Rani (Pw -6) woke up and tried to switch on the light, but however light could not be switched on, as there was no electricity connection. However, in the moon light, they saw the accused, who was on crutches, holding a gun in his hands. Seeing them, he also threatened them not to raise alarm else he would also kill them. However, since alarm had already been raised, accused fled away and hid the gun in the bushes closely. Ram Kumar (PW -2), Pradhan of the Gram Panchayat, reached on the spot and telephonically informed the police. Rapt (Ex. PW19/A) was entered at Police Station, Indora. Police party headed by SI Ramesh Rana (PW -9) immediately rushed for the spot. PW -5 got her statement (Ex. PW -5/A), under the provisions of Section 154 of the Code of Criminal Procedure, recorded. Ruka (Ex. PW -16/A) was sent through HC Mohinder Singh (PW -16), on the basis of which FIR No. 129/06 (Ex. PW -17/E), dated 3.6.2006, under the provisions of Section 302 of the Indian Penal Code and Section 25/27 -54 -59 of the Indian Arms Act, was registered at Police Station, Indora. Inquest report (Ex. PW -2/A & Ex. PW -2/B) was prepared. Police completed necessary investigation on the spot and sent the dead body for postmortem, which was conducted by Dr. Suresh Sankhyan PW -4). Investigation revealed that accused had deliberately disconnected the electric supply to the house of Ramesh Chand so as to ensure that incident takes place in absolute darkness.

(3.) WITH the completion of investigation, challan was presented in the Court for trial.