AMRISH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment/order dated 4/10.1.2014, rendered by the learned Sessions Judge (Forests), Shimla, H.P. in Sessions Trial No. 26 -S/7 of 2012/11, whereby the appellant -accused Amrish Rana (hereinafter referred to as accused), alongwith other co -accused, was charged with and tried for offences punishable under Sections 147, 148, 307, 323, 326 IPC and Section 25 of the Arms Act and was convicted and sentenced alongwith co -accused Gurjant Singh to undergo rigorous imprisonment for 10 years and fine of Rs. 10,000/ - and in default of payment of fine to further undergo one month's imprisonment under Section 307 IPC. They were sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 5,000/ - and in default of payment of fine to further undergo imprisonment for one month under Section 326 IPC. They were sentenced to undergo one year rigorous imprisonment and fine of Rs. 1,000/ - and in default of payment of fine to further undergo imprisonment for one month under Section 323 IPC. They were sentenced to undergo one year imprisonment and fine of Rs. 1,000/ - and in default of payment of fine to further undergo imprisonment for one month under Section 147 IPC. They were also sentenced to undergo one year imprisonment and fine of Rs. 1,000/ - and in default of payment of fine to further undergo imprisonment for one month under Section 148 IPC. They were also sentenced to undergo imprisonment for one year and fine of Rs. 1,000/ - and in default of payment of fine to further undergo imprisonment for one month under Section 25 of the Arms Act.

(2.) THE case of the prosecution, in a nut shell, is that complainant PW -11 Naresh Kumar on 19.3.2003 was coming from Ghanatti Bazar. He alighted from the bus at point which bifurcates to Kanda Jail. He had covered a distance of 2 meters approximately where he found a white Maruti Car coming from back. The car stopped at a short distance. Accused Gurjant Singh came out from the car and fired at the complainant Naresh Kumar. The complainant Naresh Kumar grappled with the accused and snatched country made pistol. The fire shot hit right eye of the complainant. In the meantime, another occupant sitting on the driver seat came out of the vehicle. He also fired at him with country made pistol. The fire shot missed and it did not hit him. Thereafter, the complainant rushed towards the jungle and reached the house of PW -2 Champa Devi who informed the jail authorities. Statement of complainant Ext. PW -11/A was recorded. The blood stained clothes were also taken into possession. The police visited the spot. Pistol Ext. P -6, pallet Ext. P -7 and blood stained stone Ext. P -4 were recovered. One barrel Ext. P -9 was also recovered from the spot. Maruti car was also taken into possession. FIR Ext. PW -14/A was recorded. The case property was sent for chemical examination. On completion of the investigation, challan was put up in the Court after completing all the codal formalities.

(3.) MR . Y.P.S. Dhaulta, Advocate for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. Ramesh Thakur, Asstt. Advocate General, appearing on behalf of the State, has supported the judgment/order of the learned trial Court dated 4/10.1.2014.