ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these appeals, arising out of common judgment passed by the trial Court, are being disposed of as such.

(2.) Appellants-convict Anil Kumar and Sanjay Rana, hereinafter referred to as the accused, have assailed the judgment dated 4.10.2008, passed by Additional Sessions Judge, Sirmour District at Nahan, Himachal Pradesh, in Sessions Trial No.2-N/7 of 2007, titled as State of Himachal Pradesh v. Sanjay Rana and another, whereby they stand convicted for having committed offences punishable under the provisions of Section 302 read with Section 34 of the Indian Penal Code and Section 376(2)(g) of the Indian Penal Code, and sentenced both of them to undergo rigorous imprisonment for life and pay fine of Rs. 10,000/- each, in relation to offence punishable under Section 302 read with Section 34 of the Indian Penal Code; and rigorous imprisonment for ten years and pay fine of Rs. 20,000/- each, in relation to offence punishable under Section 376(2)(g) of the Indian Penal Code, and in default of payment of fine to further undergo imprisonment for a period of one year each.

(3.) As the record reveals, it is the case of prosecution that on 22.8.2006, Jaswant Singh (PW-25), posted as Chowkidar in the Forest Department, spotted a dead body. He immediately informed Ms Reeta Devi (PW-3), Pradhan of the concerned Gram Panchayat Haripul Khol, who visited the spot and telephonically informed the police at Police Post Majra, District Sirmaur (H.P.) about the same. ASI Tara Chand (PW-1), visited the spot, conducted spot investigation, and sent Rukka (Ex. PW-1/A), on the basis of which FIR No.32/06, dated 22.8.2006 (Ex. PW-29/G), under the provisions of Sections 302, 201 of the Indian Penal Code and Section 25-54-59 of the Arms Act, was registered at Police Station, Paonta Sahib (H.P.), by Inspector Khazana Ram (PW-29). Ram Singh (PW-2), who also had independently spotted the dead body same day, and had informed Ms Reeta Devi (PW-3) about the same, was associated by ASI Tara Chand as a witness. From the clothes of deceased, two chits were recovered and taken into possession vide Memo dated 22.8.2006 (Ex. PW-1/D). Two empty cartridges (Ex.P-2 & P-3) were found and recovered from the spot. Inquest report (Ex. PW-1/E) was prepared and dead body sent for postmortem, which was conducted by Dr. Piyush Kapila (PW-18), who issued postmortem report dated 24.8.2006 (Ex. PW-18/A), based on reports dated 13.6.2006 (Ex. PA), and 28.12.2006 (Ex.PB and PC) of the Chemical Examiner. Doctor opined that deceased had died as a result of injuries sustained by a fire arm (rifle). Viscera of the deceased brought by Constable Krishna Nand (PW-5), deposited with MHC Raghubir Singh (PW-22) as also other seized articles were sent for chemical analysis by Inspector Narveer Singh (PW-31), through LHC Naresh Kumar (PW-16) to the Forensic Science Laboratory, Junga.