SUMIT KUMAR SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment, rendered on 30.06.2014 by the learned Sessions Judge, Chamba in Sessions Trial No. 30/2012 (43 of 2013), whereby the appellant has been convicted and sentenced to suffer imprisonment for life for his having committed an offence punishable under Section 302 IPC besides sentence of fine of Rs. 1,00,000/ - has been imposed upon him and in default of payment of fine he has been ordered to be sentenced to undergo further imprisonment for two years. The appellant has been further convicted to undergo five years rigorous imprisonment for offences punishable under Sections 25 and 27 of the Arms Act and a fine of Rs. 10,000/ -. In default of payment of fine, the appellant has been ordered to be sentenced to undergo further imprisonment for one year. All the sentences have been ordered to run concurrently.

(2.) THE brief facts of the case are that on 8.5.2012 at about 3.05 p.m. Trilok Thakur, Superintendent of CHC Killar, telephonically informed at Police Station, Pangi that his niece Sapna daughter of Shri Ram Singh, resident of village Mahaliyat had gone to graze her cattle below her village and she had been shot by accused Sumit Kumar around 2.30 p.m with intention to kill her and she had been brought to the hospital in an injured condition. It was further reported that the accused was seen fleeing away after firing by Sangita D/o Chain Singh of the same village. This information was recorded in the DDR of the police station on the basis of which F.I.R was registered against the accused.

(3.) THEREAFTER , investigating officer recorded the statements of the witnesses Sangita, Neetu, Satish Sharma and Chetan. The police had already deputed two teams to look for the accused in the area. The team headed by ASI Surjeet Singh was detailed to proceed Dharwas side whereas ASI Naseeb Singh alongwith other police officials proceeded towards Bheem Peir side which place leads towards Manali side and reached there at about 9.30 p.m. The police party headed by ASI Naseeb Singh had concealed itself behind a stone boulder. At about 2.00 a.m. in the night, accused reached at Bheem Peir and he was nabbed by the police and he was disarmed of his country made pistol which he was carrying in his hand. On his checking two live rounds were found in the pocket of his trouser which were taken into possession by the police. On inquiry, the accused disclosed his name and address. The accused was arrested and his jamatalashi was also carried out. He was brought to the police station. Injured Sapna died while being taken to Kishatwar hospital. Her post mortem was got conducted at CHC Killar on 9.5.2012. During custody, accused made a disclosure statement and in pursuance thereto he identified the spot.