GURNAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Gurnam Singh (hereinafter referred to as 'the accused') faced trial in Sessions Trial No. 22 of 2001 for the alleged commission of offence punishable under Sections 302 and 325 of the Indian Penal Code, 1860 (for short 'I.P. Code'). The learned Sessions Judge, Chamba Division Chamba found the accused to be guilty for the murder of Manav Sharma and convicted him under Section 302 I.P. Code. He has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- and in default of payment of fine to undergo simple imprisonment for one year. For the offence under Section 325 I.P. Code the accused has been acquitted.

(2.) The prosecution version as unfolded during the trial may briefly be stated thus:

(3.) P.W. 1 Des Raj was working as Chowkidar in a hotel namely 'Peach Channel' Dalhousie District Chamba. One Manav Sharma was a cook in the said hotel who was residing along with his wife Smt. Malika in the Hotel. The said Manav Sharma and his wife belong to State of Tamilnadu. P.W. 3 Kanwar Bhalla was the Manager, P.W. 5 Prince was the Security guard of the hotel and one Madusudan was the driver of P.W. 3. In March 2001 P.W. 3 was getting the building work of the hotel executed. One Naresh Dhaka came to the hotel in January 2001 from Delhi proclaiming that he was appointed Manager of the hotel by Smt. Usha Malik. He stayed in the hotel for few days and thereafter left for Delhi. Again, he came back after about 20-22 days and started living in the hotel. On 7.3.2001 four more persons came to the hotel and again two more persons namely Munesh and Hardev also visited the hotel on 15.3.2001 accompanied by two other persons. All the above said persons stayed in the hotel. On the same day four or five more persons including the accused were also brought to the hotel by Hardev Singh. All of them stayed in Hut No. 4 on 15.3.2001 and 16.3.2001. They broke open the lock of other rooms of the hotel and started living therein without permission of the owner or the Manager of the hotel. They also forcibly locked the rooms of the hotel and residential house of the P.W. 3 Kanwar Bhalla who was not present in the hotel at the relevant time. Hardev Singh produced one letter Ext.P-1 allegedly written by Smt. Usha Malik authorizing the above said persons to stay in the hotel in Hut No. 4. When those persons forcibly occupied the other rooms of the hotel, P.W. 1 lodged a complaint with the local police. The police came to the hotel and pacified both the parties to settle their dispute till P.W. 3 and other partners would join together and till then no body should quarrel with each other.