KALYAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.6.2004 passed by the learned Sessions Judge Sirmour District at Nahan, whereby the appellant -accused (hereafter referred to as the accuse) has been convicted under Sections 224, 332, 307, IPC and Section 25(1 A) of the Indian Arms Act and has been sentenced to rigorous imprisonment for two years and fine Rs. 1,000/ - and in default of payment of fine to undergo further rigorous imprisonment for three months under Section 224, I.P.C.. rigorous imprisonment for three years and fine Rs. 2.000/ -and in default of payment of fine to suffer further rigorous imprisonment for a term of six months under section 332,IPC,rigorous imprisonment for five years and fine Rs. 3000/ - and in default of payment of fine to suffer further rigorous imprisonment for a term of nine months under Section 307 IPC; and rigorous imprisonment for five years and fine Rs.2.000/ -and in default of payment of fine to suffer further rigorous imprisonment for six months under Section 25(1 A) of the Arms Act.

(2.) Case of prosecution is that the accused had absconded from the custody of a police escort of which HC Mukhtiar Ahamand (PW -2) was also a member when he was taken to Karnal for production before a Court in connection with some case. ASI Daya Ram(PW -11), the then Head Constable and Incharge, Traffic at Paonta Sahib, on 12.3.2002 alongwith HC Meen Singh was on traffic checking on Kafota -Baswari side.On 13.3.2002 he received a secret information that the accused was coming to meet his children in his house in village Jamna. PW -"J1 informed the concerned Superintendent of Police who directed him that he had already deputed HHC Gurdial Singh, H.C. Beer Singh (PW -3) and PW -2 to search the accused and that he should contact the aforesaid police officials and take further action as may be warranted by the circumstances. Then PW -11 came to Jamna where he contacted the police party led by HHC Gurdial Singh and after due deliberations a plan to arrest the accused was prepared. In implementation thereof the police officials proceeded to the house of the accused in village Jamna from different directions on the intervening night of 13th and 14th March, 2002 at 12.30 a.m. When the police party was passing through the fields they were noticed by the accused, his father Punia Ram and three other companions of the accused. In the torchlight the police party recognized the accused and he was asked to surrender. PW -2 rushed towards the accused to apprehend him but the accused fired a shot with Katta (Ext. P -1) which missed PW -2. Thereafter a scuffle took place between the two in which PW -2 snatched the Katta from the accused. In the meanwhile, the three companions of the accused, his father Punia Ram and wife Nago Devi, pelted stones on the police party and the assailants were encouraged by Nago Devi in the process of pelting stones which resulted in causing an injury on the forehead of PW -2. He was removed for treatment. Ext. P -1 was handed over by PW -2 to PW -11 who took it in possession and at a later stage handed it over to ASI Balak Ram (PW -12) vide memo Ext. PW -10/A alongwith an empty cartridge and also made statement Ext.PW -11/A to PW -12 on the basis of which FIR Ext. PW -12/A was recorded at Police Station, Paonta. During the course of the investigation, five stones were taken in possession from the spot vide memo Ext. PW -5/A and the MLC Ext PW -1/B was also taken in possession by the Police from Dr. B.L. Garg. (PW -1) Katta Ext. P -1, empty cartridge, stones were sent to the State Forensic Science Laboratory for analysis and the report about the outcome of these articles is Ext. PW12/D. For being in unlawful possession of Katta Ext. P -1 prosecution sanction against the accused was obtained from the concerned District Magistrate, copy whereof is Ext.PW -4/A. On investigation, the police could not find the particulars of three companions of the accused therefore, finally no action was taken against them. A charge -sheet against Punia Ram and Nago Devi was submitted on 10.6.2002. A supplementary charge sheet was submitted against the accused on 17.8.2002. On the basis of this supplementary charge -sheet the accused came to be tried by the trial Court on a charge under Sections 224, 332, 307. IPC and Section 25 of the Indian Arms Act.

(3.) To prove the charge against the accused, prosecution examined as many as 12 witnesses. Statement of the accused under Section 313, Cr. P. C. was recorded wherein he denied the prosecution case as a whole and claimed that he has been falsely implicated in the case. The accused, however, did not lead any defence.