BUDHI SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Appellant-Budhi Singh (hereinafter referred to as 'the accused') faced trial in Sessions Trial No. 25 of 2001 for the alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') and Section 25 of the Arms Act. Having found the accused to be guilty of the offences, the learned Sessions Judge, Mandi sentenced him to imprisonment for life under Section 302, I.P.C. and to pay a fine of Rs. 10,000/- and in default of payment of fine to suffer further rigorous imprisonment for one year. For the offence under Section 25 of the Arms Act, the accused has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. In default of payment of fine to suffer rigorous imprisonment for one year. The amount of fine, if realized, was ordered to be paid to the heirs of deceased Raju Ram. The sentences imposed on the accused have been directed to run concurrently.

(2.) The prosecution version as unfolded during the trial may briefly be stated thus : PW-12 Puran Chand is running a tea stall at Jhatingafi, Tehsil Padhar, District Mandi. On 7-1 -2001, PW-4 Amar Nath was present in the tea stall of PW-12. At about 5.30 p.m. Raju Ram (deceased) came to the shop of PW-12 and these persons started taking liquor. At about 7.30 p.m. the accused also came to the shop of PW-12 and asked him for a peg of liquor. PW-12 offered liquor to the accused. Meanwhile, Raju Ram-deceased requested the accused to return his sleepers of Deodar borrowed by him on which the accused became angry, started hurling abuses and tried to manhandle Raju Ram. PW-12 asked the accused to leave the shop but the accused threatened all of them to set the shop on fire or he would shoot them with a gun. The accused thereafter left the shop and proceeded to his house in village Sila Sawad at about 9 p.m. PWs-4, 12 and Raju Ram Stayed back in the shop. It was at about 10.30 p.m. that these persons started going to village Sila Sawad and when they reached at a place known as Labain, the accused appeared from the upper side of the path armed with a gun. He aimed the gun towards them and directed them to stand in a queue. Noticing the danger to their lives, PW-12 shouted 'Bhago Bhago'. PWs-4 and 12 started running towards the down side of the path and in the meanwhile the accused fired a gun shot and also pelted stones on them.

(3.) On the following morning, PWs-4 and 12 learnt that the gun shot fired by the accused on the previous night resulted in the death of Raju Ram who was accompanying them. Further case of the prosecution was that PW-11 Smt. Kamla Devi, resident of village Lakshwan during night time had gone out of her house to urinate when she heard the cries of some person. She informed her blind husband who asked her to wake up the village people. She went to the house of PW-2 Gudu Ram and PW-6 Gopal Singh to wake up them. PW-2 and PW-3 Prakash Chand during night time went to the place of occurrence and found Raju Ram lying on a path in an injured condition and his abdomen was bleeding. On being Inquired. Raju Ram told them that Budhi Singh alias Baina (accused) had fired gun shot at him when he was going in the company of PWs-4 and 12. The information of the occurrence was sent to the Police Station on telephone by PW-10 Kehar Singh on 8-1-2001 at about 9.40 a.m. which was recorded in daily diary rapat No. 6 (Ext.PB) in Police Station, Jogindernagar. PW-19 Parkash Chand Sub- Inspector S.H.O. Police Station, Joginder Nagar along with PW-17 Constable Bihari Lal, Constable Hoshiar Singh, Constable Jiwan Lal, Constable Rajmal and Head Constable Daya Ram immediately proceeded to the place of occurrence and reached there at about 10.30 a.m. PW-19 recorded the statement of PW-2 Gudu Ram (Ext. PF) under Section 154, Cr.P.C. which was sent to Police Station through Constable Kashmir Singh for registration of case. On the basis of the said statement, formal First Information Report (Ex.PX) was recorded by PW-14 Head Constable Ram Saran. The spot and the dead body of deceased-Raju Ram were photographed by PW-9 Jagjeet Singh Photographer. The Investigating Officer took into possession the clothes of the accused, namely, jacket (Ext. P-3), shirt (Ext.P-4) and sweater (Ext.P-5) which were lying at the spot. The blood-stained clay was taken into possession and the inquest report (Ext. PA) was prepared. The body of the deceased was sent for post-mortem to Civil Hospital, Jogindernagar. One muzzle loaded gun (Ext.P-1) and its iron rod (Ext.P-2) were taken into possession from the spot in the presence of the marginal witnesses PW-5 Devi Singh and one Inder Singh vide seizure memo (Exts. PL and PJ). The same were sealed in a parcel with seal impression 'K'. PW-19 the Investigating Officer recorded the statements of the witnesses.