PAPPU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order, dated 27.07.2009, passed by the Additional Sessions Judge, Fast Track Court, Shimla, H.P. in Sessions Trial No. 11 -S/7 of 2009, whereby the appellant -accused (hereinafter referred to as "the accused" for the sake of convenience), who was charged with and tried for an offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959, was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 25,000/ - under Section 302 of the Indian Penal Code and in default of payment of fine, to further undergo simple imprisonment for a period of two years. He was also sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 10,000/ - under Section 27 of the Arms Act, 1959 and in default of payment of fine, to undergo simple imprisonment for a period of one year.

(2.) CASE of the prosecution, in a nut -shell, is that statement of Sh. Jeet Singh Rana (PW -1) was recorded under Section 154 Cr. P.C. vide Ex. -PA. On 03.11.2008, he attended the marriage of Sh. Sanjeev Samra. The villagers had assembled in the marriage. Around 2:00 p.m., Shri Rash Pal Mehta reached at village Khanola in his vehicle No. HP -01 -3702. Sh. Rash Pal Mehta came to Khanola from Rohru via Summerkot. He (Rash Pal) told Sh. Ramesh Samra that on his way to Khanola, he saw an old man and an old woman lying in Banglah Nallah on the road side. The necks of the elderly persons had been slit, the blood was oozing out. Sh. Ramesh Samra in turn, narrated the said fact to him (complainant). He (complainant) inquired about the incident from his aunt Smt. Urmila, who had come in the vehicle of Sh. Rash Pal Mehta from Summerkot to Khanola. She too disclosed before him (complainant) that an old man and an old woman were lying injured in Banglah Nallah. Smt. Sunpati Devi (PW -6) was also present in the marriage. She remarked that in the morning at about 11:00 a.m., Sh. Pappu Ram (accused) and his mother Smt. Sana Devi had gone with her father -in -law Sh. Shyam Nath and mother -in -law Smt. Lobhi Devi to the temple of Sh. Maheshwar Devta in village Pujarli. When they left for the temple, the accused was wielding a khukri. The accused was saying for the last many days that he wanted to have the blood of a human being. This statement was even made by the accused in the presence of the villagers. Smt. Sunpati Devi remarked that perhaps her father -in -law and mother -in -law might have been killed by the accused. PW -1 Sh. Jeet Singh Rana, Sh. Manmohan, Sh. Mahavir Singh and Sh. Mehar Singh etc. went to the site of the crime. They spotted the dead bodies. Consequently, FIR No. 98 of 2008, Ex. PW -9/A was registered. The dead bodies were taken into possession. Post mortem was got conducted on the dead bodies. The death was caused due to large amount of blood loss from ante mortem injury from large blood vessels at the level of neck. The accused made a disclosure statement, which led to the recovery of khukri. Khukri, jacket of accused and the walking sticks of the deceased etc. were sent for examination. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) MR . Virender Singh Rathore, learned counsel for the appellant has vehemently argued that the prosecution has failed to prove the case against the appellant.