HARBHAJAN SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 30.6.2015, rendered by the learned Addl. Sessions Judge, Sirmaur at Nahan, H.P. in Sessions Trial No. 42-N/7 of 2013, whereby the appellant-accused, namely Harbhajan Singh (hereinafter referred to as the accused) who was charged with and tried for offence punishable under Section 302 IPC and Section 27 of the Indian Arms Act, has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo imprisonment for a period of six months for the offence punishable under Section 302 IPC. The accused was acquitted for the offence punishable under Section 27 of the Indian Arms Act.

(2.) The case of the prosecution, in a nut shell, is that on 20.5.2013, an information was received in the Police Station, Paonta Sahib from Civil Hospital, Paonta Sahib that one person was admitted in the hospital with gunshot injury. Rapat Ext. PW-17/A was recorded to this effect. PW-20 ASI Mohar Singh alongwith other police officials, went to the Civil Hospital, Paonta Sahib. The statement of PW-1 Surjeet Singh under Section 154 Cr.P.C. was recorded vide Ext. PW-1/A. According to the averments made in the statement made under Section 154 Cr.P.C., PW-1 Surjeet Singh used to visit the house of Avtar Singh at Haripur Tohana as he was in good terms with him. On 19.5.2013, he came to the house of Avtar Singh at Haripur Tohana and stayed overnight in his house. On 20.5.2013, he alongwith Kamaljeet Singh went in the orchard at about 11:30 AM. One person, named Ayub Khan (PW-2) was going on his bicycle in front of them. He had taken Mango Orchard from Avtar Singh on contract. Kamaljeet Singh had sold out his bamboo trees. When PW-1 Surjeet Singh reached on the spot, accused Harbhajan Singh was already sitting on another cot armed with gun. Accused was abusing Kamaljeet Singh by saying that the daughter of Kamaljeet Singh had illicit relations and she also eloped. Kamaljeet Singh came on the spot within 5-7 minutes, who asked the accused as to why he was abusing him and his family members. Accused threatened Kamaljeet Singh that he would kill him by gun. Thereafter, accused fired upon Kamaljeet Singh on his chest. Kamaljeet Singh collapsed on the spot. The accused ran away from the spot and PW-1 Surjeet Singh and PW-2 Ayub Khan went towards the house of Kamaljeet Singh and informed his family members that accused has fired upon Kamaljeet Singh. Many persons gathered on the spot. Thereafter, Kamaljeet Singh (hereinafter referred to as the deceased) was taken to the hospital at Paonta Sahib. FIR Ext. PW-15/A was registered. The case property was taken into possession, including the gun. The post mortem of deceased was conducted at Civil Hospital, Paonta Sahib by PW-13 Dr. Sanjeev Sehgal. The recovery of gun and cartridges was made on the basis of disclosure statement made by the accused. The investigation was completed and challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution has examined as many as 21 witnesses to prove its case. The accused was also examined under Section 313 Cr.P.C to which he pleaded not guilty. According to him, he was falsely implicated. The learned Trial Court convicted and sentenced the accused on 30.6.2015. Hence, the present appeal.