RANVIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Ranvir Singh, hereinafter referred to as the accused, has assailed the judgment dated 12.7.2012, passed by Sessions Judge, Sirmaur District at Nahan, Himachal Pradesh, in Sessions Trial No. 50 -ST/7 of 2011, titled as State of Himachal Pradesh v. Ranvir Singh, whereby he stands convicted and sentenced to undergo rigorous imprisonment for life and pay fine of Rs.10,000/ -, in relation to an offence punishable under Section 302 of the Indian Penal Code; and rigorous imprisonment for a period of six months and pay fine of Rs.1,000/ -, in relation to an offence punishable under the provisions of Section 30 of the Indian Arms Act, 1959. In default of payment of fine on both counts, he is required to further undergo imprisonment for a period of six months and two months, respectively.

(2.) IT is the case of prosecution that accused used to reside separately, from his sons, in village Chuli, Tehsil Renukaji, District Sirmaur, Himachal Pradesh. On 11.5.2011, marriage of his sister's son was being solemnized in the house of his son Naresh Kumar. On a particular issue, heated exchange took place between the accused and his elder son Shamsher Singh (deceased). Resultantly, accused brought a single barrel gun from his house and shot him in the abdomen. Incident was witnessed by Dhanmanti Devi (PW -1), Ram Singh (PW -2) and Mohan Singh (PW -3). On the basis of information so furnished by Mahesh Kumar, Pradhan of Gram Panchayat, Dadahu, police reached the spot and conducted necessary investigation. Gun and samples of blood were recovered by associating Mohan Singh as a witness. Dead body of Shamsher Singh, who died on the spot, was sent for postmortem, which was conducted by Dr. C.L. Sharma (PW -9). Inquest report (Ex. PW -11/C) was prepared. Viscera and pellets were sent to the State Forensic Science Laboratory for examination, alongwith the Gun (Ex. P -17), samples of blood stained soil (Ex. P -16 and reports (Ex. PA, PB, PC & PD) obtained by the police. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 11 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following defence: