CHATTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant herein was tried by the Sessions Judge, Hamirpur for causing the death of Bhagat Ram on or about 8 or 8.15 p. m on 10 -10 -1989 in village Bomana. The learned Sessions Judge convicted the appellant under section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs. 3,000 and in default thereof to undergo rigorous imprisonment for a period of 6 months. Now the appellant has come up in appeal before this Court.

(2.) The prosecution case in brief is as follows : -

(3.) The appellant and deceased Bhagat Ram belonged to village Bumana within Police Station Hamirpur. On 10 -10 -1989 at about 8 or 8.15 p m., Bhagat Ram was taking meals in the ground floor of his house. His wife Krishna Devi was serving food to him. Their daughter -in -law Bimla Devi was cooking food in the kitchen on the first floor. The appellant came to the court -yard of Bhagat Ram armed with ) 2 bore gun and fired two shots in the air. Bhagat Ram came out of his house and asked the appellant about the matter who, in turn, inquired about Bhagat Rams son Ashwani Kumar as he wanted to kill Ashwani Kumar. Bhagat Ram told the appellant that Ashwani Kumar had not returned from the shop and asked him to sit inside the house and wait for the arrival of Ashwani Kumar. The appellant started abusing Bhagat Ram in filthy language and fired gun -shot at Bhagat Ram which hit him on the lower part of his abdomen and he consequently fell down in the court -yard. Krishna Devi followed Bhagat Ram and stood in between the outer door of the house and had seen the appellant aiming and firing the gun -shot at Bhagat Ram. On seeing the occurrence, she cried. Smt. Bimla Devi daughter -in -law of Bhagat Ram had also seen the occurrence from the window of the house and came down after the accused had fired the gun shot at Bhagat Ram. She had also cried and raised alarm on which the appellant fled away with the gun. Smt Krishna Devi took care of Bhagat Ram and put his head on her thighs On hearing gun -shots, cries and alarm raised by Smt. Bimla Devi, PVV Prem Singh, Ran Singh and other villagers rushed to the house of Bhagat Ram. They were told by injured Bhagat Ram and his wife Smt. Krishna Devi that the appellant had fired gun shot at the former Blood was oozing from the injuries. PW Prem Singh had bandaged the wounds of Bhagat Ram and took him to the Primary Health Centre Bhota in a Palki (Palanquin) Doctor G. R. Kaushal after seeing the gun -shot injury on the person of Bhagat Ram informed the Police immediately by telephone. After receipt of the telephonic message A S. I Ishwar Singh came and reached at Primary Health Centre Bhota and recorded the statement (Ex. PK) of injured Bhagat Ram under section 154 of the Code of Criminal Procedure which formed basis of the F. I. R. (Ex, PA/1) for the offence under section 307, I. P. C.