GOPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal, the appellant (hereinafter referred to as 'the accused') has assailed the judgment of the learned Additional Sessions Judge, Una, dated 31-3-2003. The Additional Sessions Judge, Una, has charged and convicted the accused for offences under section 302 of the Indian Penal Code and Section 27 of the Indian Arms Act and has sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000.00 under Section 302 of the Indian Penal Code and in default of payment of fine, the accused has been ordered to suffer rigorous imprisonment for three years. The accused has been further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 7,000.00 for the offence punishable under Section 27(1) of the Arms Act and in default of payment of fine to undergo rigorous imprisonment for a further period of one year. The sentences, so imposed, shall run concurrently. It has also been ordered that out of the fine amount, if recovered from the accused, a sum of Rs. 21,000.00 shall be paid to the legal representatives of deceased Niranjan Singh after due verification.

(2.) Briefly stated, the case of the prosecution, which led to the filing of the charge- sheet against the accused for the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, is that the accused, who is stated to be originally a resident of Ballachour in District Nawanshehar (Punjab), happened to have purchased land at village Nangal Kalan, Una. Himachal Pradesh, where he had been residing. The land belonging to the accused is stated to be contiguous to the land belonging to Rakesh Kumar and his family. Rakesh Kumar is the complainant in this case. There was a land dispute between the complainant party and the accused which took a serious turn and led to the death of Niranjan Singh, aged about 41 years, real brother of Rakesh Kumar (complainant) at Nangal Kalan. It is stated that on 5-8-2001 while the complainant along with his wife Smt. Som Lata, younger brother Suresh Kumar, elder sister-in-law Smt. Surindra Devi were working in their fields at Nangal Kalan and were cutting bushes therefrom, the accused also turned up there Rukam Singh and Niranjan Singh, brothers of Rakesh Kumar (complainant) were also working with the complainant and other family members in their fields. The accused at that time asked the complainant to stop cutting the bushes immediately on the pretext that the field belongs to him. On being told that the field had been purchased by the complainant from one Sukhdev Singh son of Dhian Singh of village Nangal Kalan through a registered sale deed and that the possession thereof had also been delivered to him after due demarcation, the accused threatened that he will see him shortly and left the spot.

(3.) However, after a short-while, while the brother of the complainant Niranjan Singh (deceased) was standing in the field, from the adjacent field in which the maize crop was grown a gun shot was heard, followed by another gun shot, which hit Niranjan Singh near the upper left thigh. Niranjan Singh fell down and shouted that he is no more' which attracted the complainant and other family members who rushed to the spot. The complainant immediately boarded the said injured Niranjan Singh in the Jeep No. DL-ICD-7013 and rushed to the Zonal Hospital. Una. The accused was stated to have been noticed running through the maize crop with the gun and was also followed by the other brother of the complainant namely Rukam Singh and by one other Narender Singh but due to the grown maize crop, the accused could not be apprehended. Niranjan Singh was medically examined and his X-Rays reports were taken but he succumbed to his injuries sustained due to the gun shot and died at 8 p.m.