JAGDEV RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of conviction, rendered on 21.12.2010, by the learned Additional Sessions Judge, Fast Track Court, Chamba, District Chamba, H.P., in Sessions Trial No. 1/2010, whereby the accused/appellant has been convicted for his having committed offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) THE prosecution story, in brief, is that on 27.8.2009, Dhruv Ram (since deceased) and his wife, namely, Dillo (complainant) were grazing cattle near Government Primary School, Sandhi and nearby to them, Amar Nath (brother of the deceased) was also grazing his cattle. Accused Jagdev Ram used to reside in a house at his Nautor land at Sandhi along with his family. At about 2.45 p.m., accused Jagdev Ram came with a gun in his hand and abused complainant Dillo and deceased. Thereafter, co -accused Shivo @ Sheela, Bhuvneshwar Dutt and Naresh Kumar also appeared there and in furtherance of common intention of each other, they also started abusing the complainant and deceased and also criminally intimated them with threats to their life. On their requesting the accused not to abuse them, the accused started pelting stones on complainant, as such, she rushed towards Government Primary School, Sandhi, whereas, deceased rushed towards maize fields in order to save themselves. Accused Jagdev Ram chased deceased with gun and when deceased saw back at about 3.00 p.m., accused Jagdev Ram shot him dead with the gun. On hearing the alarm of complainant, Ward Member Piar Singh came there and she narrated the incident to him. Her brother -in -law Amar Nath also witnessed the occurrence. Said Piar Singh intimated Police Post, Surgani and pursuant thereto, report Ext. PW -9/A was made. A telephonic message was given by Constable Inder Singh No. 206 M.C.P.P. Surgani at Police Station, Kihar and pursuant to the information, received from Piar Singh, daily dairy report comprised in Ext. PW -8/A was made and accordingly Inspector/SHO Pritam Singh and other officials rushed to the spot along with camera and other things. On reaching the spot at 9.00 p.m., the dead body was lying on the field and complainant (wife of the deceased) was present there and she made statement Ext. PW -1/A under Section 154 Cr.P.C. An endorsement in the said statement was made by SHO which was then sent to Police Station through Constable Hoshiar Singh where F.I.R. Ext. PW -11/E was registered. The photographs of the dead body Ext. PW -16/A -1 to Ext. PW -16/A -8 were clicked with the digital camera. Inquest reports Ext. PW -2/B and Ext. PW -2/C were prepared. A docket Ext. PW -7/A was prepared and the dead body was sent to Regional Hospital, Chamba for conducting post mortem. Dr. M.M. Marol and Dr. Ram Kamal conducted the post mortem on 28.8.2009 and a circular gun shot wound 10 x 12 x 15 Cms on right side of chest below 4 inches from right clavicle bone corresponding to the hole of shirt of right side of chest was found. X -Rays were also taken. Margins of wound showed singing and were irregular. Multiple fractures of ribs were seen. Pallets were seen in the posterior chest wall. Lungs tissues were found damaged with pallets of gun shot. Pallets and red cork of the gun shot were extracted from the wound. The Medical Officer preserved viscera, pallets, cork and clothes of the deceased and parceled and sealed them and handed over the same to the Police for forensic examination. It was opined by the Medical Officer that the deceased had died due to a gun shot injury leading to massive intra thoracic hemorrhage leading to peripheral vesicular failure and respiratory failure but the final opinion was reserved till the receipt of report of Chemical Analyst. Post mortem report comprised in Ext. PW -7/E was procured. Spot map Ext. PW -16/B was prepared. Two blood stained sleepers, one blood stained Danda, three stones stained with blood, which were lying at the spot, along with blood stained earth, were taken into possession vide memo Ext. PW -2/A in presence of witnesses Piar Singh and Amar Nath which were separately wrapped in three parcels and sealed with seal H. Blood stained stones and earth were parceled in one parcel. Sample of seal H Ext. PW -3/A was taken separately on a piece of cloth and seal after use was handed over to witness Piar Singh. Accused Bhuvneshwar Dutt, Sheela Devi and Naresh Kumar were arrested on 28.8.2009 vide memo Exts. PW -6/C, D and E. The gun, used for killing the deceased, produced by Goutam Kumar, son of accused Jagdev, was taken into possession vide memo Ext. PW -4/A, which was parceled and sealed and three seals of seal A were affixed on the parcel. Khaka of gun Ext. PW -4/B was also prepared, sample seal was taken and the seal after use was handed over to witness Rajmal. Accused Jagdev Ram was arrested on 29.8.2009 vide memo Ext. PW -16/F. On 31.8.2009, accused Jagdev Ram made disclosure statement comprised in Ext. PW -5/A under Section 27 of the Indian Evidence Act that after gun shot, he had concealed the empty cartridge in the Ghala (grass field) and on the instance of the accused Jagdev Ram, empty cartridge Ext. P -11 was recovered, which was at a distance of 100 -150 meters away from the dead body and was taken into possession vide memo Ext. PW -6/A in the presence of witnesses Laxman Kumar and Kanth Ram. Spot map of recovery of cartridge Ext. PW -16/G was prepared. The said cartridge was parceled and sealed with seal T by applying six seals. Specimen sample seal Ext. PW -6/B was also taken. Accused Jagdev also produced gun licence Ext. PW -16/J from his house which was taken into possession vide memo Ext. PW -6/C.

(3.) AFTER completion of the investigation, challan, under Section 173 of the Cr.P.C., was prepared and filed in the Court. The trial court charged the accused for theirs having committed an offence punishable under Section 302 IPC read with Section 34 IPC and accused Jagdev Ram was also charged for an offence under Section 25 of the Arms Act, 1959.