GURPREET Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) THESE appeals are instituted against the judgment dated 30.12.2010 passed by the learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 1 -K/VII -2010, whereby the accused Gurpreet alias Goldi, Lakhbir alias Kheera and Kulwinder alias Gopi were convicted for the offences punishable under Sections 304 (Part -I) and 307 of the Indian Penal Code and were acquitted for the offences punishable under Sections 147, 148, 149, 120B and 302 of the Indian Penal Code by giving them benefit of doubt. Accused Lakhbir alias Kheera was also convicted for the offence punishable under Section 506 of the Indian Penal Code and the accused Gurpreet alias Goldi and Kulwinder alias Gopi were acquitted for the offence punishable under Section 506 of the Indian Penal Code. One of the accused Sarvjeet alias Mangi was acquitted for the offences punishable under Sections 147, 148, 149, 120B, 302, 307 and 506 of the Indian Penal Code. The accused Gurpreet alias Goldi, Lakhbir alias Kheera and Kulwinder alias Gopi were sentenced to undergo simple imprisonment for a period of ten years and to pay a fine of Rs. 10,000/ - each and in default of payment of fine to further undergo simple imprisonment for a period of one year under Section 304 (Part -I) of the Indian Penal Code and to undergo simple imprisonment for a period of five years and to pay a fine of Rs. 5,000/ - each and in default of payment of fine to further undergo simple imprisonment for a period of six months under Section 304 (Part -I) of the Indian Penal Code. The accused Lakhbir alias Kheera was also sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo simple imprisonment for a period of three months under Section 506 of the Indian Penal Code.

(3.) THE case of the prosecution, in a nutshell, is that the injured PW17 Sohan Singh alias Shainti informed the police that on 22.8.2009 at 9.00 A.M., he along with deceased Daljinder alias Kaka left their houses on motorcycle for Chintpurni and Brijeshwari Devi Temples, Kangra. They reached at village Mullapur at 10.00 A.M. They met accused Lakhbir Singh alias Kheera and Kulwinder alias Gopi in Indica Car. They attempted to hit them with the car, however, they escaped. They scuffled with them and also threatened that they would see them. The accused Sarvjeet alias Mangi was also present on the spot. Their motorcycle developed some snag. The accused Sarvjeet Singh alias Mangi told them that the quarrel may take place again and advised them to leave the place on his motorcycle. He assured them that he would leave their motorcycle in the village after getting it repaired. Thereafter, both of them took the motorcycle No. PB -10CB -8805 of Sarvjeet Singh alias Mangi and left towards Chintpurni temple and reached there at 10.30 P.M.. They stayed in a hotel. In the morning, they left for Brijeshwari Devi temple. The accused Sarvjeet Singh alias Mangi remained in their contact telephonically to know about their location. They paid obeisance at Brijeshwari Devi Temple. On 23.9.2009 at 5.00 P.M., they started their journey to return to the house. They halted at 2 -3 places. At 7.00 P.M., when he and Daljinder alias Kaka were 15 -16 kms away from Kangra on motorcycle towards Chintpurni, an Innova vehicle came from Ranital side and its driver suddenly turned the vehicle towards them and hit their motorcycle, as a result of which, both of them fell down. Three persons came out of the vehicle armed with sticks and inflicted injuries with sticks, as a result of which, he and the deceased became unconscious. He identified the assailants to be Gurpreet alias Goldi, Lakhbir alias Kheera and Kulwinder alias Gopi, residents of Bhundri. According to the complainant, on earlier occasion also, a quarrel took place with the assailants and the matter was got compromised by Sarpanch of the Gram Panchayat. Daljinder Singh succumbed to the injuries. The investigation was completed and the challan was put up in the trial court after completing all the codal formalities.