GURDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 16/9/2016, passed by learned Additional Sessions Judge-I, Solan, District Solan, H.P. vide which the appellants (accused persons before the learned Trial Court) were convicted and sentenced as under:- <FRM>JUDGEMENT_23_LAWS(HPH)6_2024_1.html</FRM>

(2.) Briefly stated, the facts giving rise to the present appeals are that the police presented a challan against the accused persons before the learned Trial Court for the commission of offences punishable under Ss. 147, 148, 149, 302, 323, 324, 427, 201, 120-B of the Indian Penal Code (IPC), Ss. 25 and 27 of the Arms Act and Sec. 3 of the Prevention of Damage to Public Property Act. It was asserted that an intimation was given to Check Post Bagheri on 4/4/2013 that one person was lying on the road in serious condition on Toll Tax Barrier Bagheri after a quarrel. Inspector/SHO Bir Bahadur (PW42), SI Ramesh Chand, SI Mehar Singh, PSI Ravinder, ASI Ramesh Kumar, ASI Sanjay Kumar, HC Prem Lal, Constable Balwant, Constable Ajay Kumar, Constable Nitesh Kumar, Constable Harpreet Singh and Constable Chet Ram went to Bagheri Toll Tax Barrier in an official vehicle bearing registration No. HP-12B-0100, being driven by Constable Kapil Mohan. ASI Mohan Singh (PW27) and ASI Brij Lal (PW24) were present at the spot. No person was found on the spot. It was found after the inquiry that the injured was taken to the First Referral Unit (FRU), Nalagarh. ASI Brij Lal was directed to preserve the spot. Bir Bahadur Dy. SP reached the FRU, Nalagarh where Sukhdev Singh (PW16) made a statement before the police, stating that he had been employed in Toll Tax Barrier, Bagheri since 1/4/2013. He was discharging his duties from 8.00 PM of 3/4/2013 till 8.00 AM of 4/4/2013. Naresh @ Gutti (since deceased), Pappu, Laddi, Surinder and Baba were posted with him. Informant Naresh, Laddi and Jagdish Singh (PW17) were talking to each other in the parking near the dhaba. Sunil Kumar (PW1) and Avtar Singh (PW2) reached the spot in their Bolero vehicle. The informant had worked with Sunil at Ghara-Mora Barrier. Jona, Kankal, Todu, Bhuru, Honey, Bau and 2-3 persons came to the spot at about 11.30 PM. Kankal and Jona attacked the informant and other persons with pistols and others attacked them with swords and rods. They damaged the windowpanes of the vehicle of Sunil. Todu, Bhuru, Honey, and Bau had swords/kirpans in their hand. Rinku had a stick with him and other persons, who could not be identified, had rods with them. Kankal and Jona had fired at the informant and other persons. Everyone ran to save his life. Naresh alias Gutti ran towards the Toll Tax Barrier but the assailants followed him to the barrier. The informant heard the sound of 2-3 gunshots. He and Jagdish went to the toll barrier after some time and found Naresh lying in an injured condition in the middle of the road. He was taken to Nalagarh for treatment. Avtar Singh and Jagdish Singh also reached the spot. They had sustained injuries. They were taken to the hospital. Naresh alias Gutti succumbed to his injuries on the way. The assailants had quarreled with deceased Naresh and FIR was registered against the assailant in Police Station Anandpur Sahib. Kankal, Jona, Todu, Bhuru, Bau, Honey, Rinku and 2-3 persons had attacked and injured the informant party. Statement (Ex.PW16/B) was reduced into writing which was sent to the Police Station, where FIR (EX.PW31/A) was registered.

(3.) ASI Mohan Singh (PW27) conducted the inquest and prepared the reports (EX.PW27/A and EX.PW27/B). He filed an application (EX.PW27/C) for conducting the postmortem examination of the deceased. Dr. Atul Bhardwaj (PW28) conducted the postmortem examination of the deceased and found multiple injuries on the dead body. In his opinion, the person died due to multiple lacerated wounds leading to intracranial haemorrhage and haemorrhagic shock caused by the sharp-edged weapon. He issued the postmortem report (Ex.PW28/A). He preserved the viscera and handed it over to the police officials accompanying the dead body. ASI Mohan Singh (PW27) handed over the dead body to the brother of the deceased vide memo (EX.PW27/D). He deposited the case property with MHC, Police Station, Nalagarh.