KASHMIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant Kashmir Singh has been convicted on November 30, 1994 by the Sessions Judge, Una under section 302 of the Indian Penal Code for the commission of murder of one Tilak Raj and sentenced to imprisonment for life and to pay a fine of Fs 3,000. In default of payment of fine, to suffer one year further rigorous imprisonment. Through this appeal, he has questioned his conviction and sentence.

(2.) The prosecution case may be briefly stated that on 13 -4 -1977 Smt. Harmesh Devi (PW 6) alongwith her Devar (younger brother of husband) Tilak Raj was coming after milking the cattle in their cattleshed in village Chalet police station Gagret to her house. At about 8 p. m. when they reached near the pond of the village, appellant Kashmir Singh alias Guddu alongwith Raj Kumar alias Raju were found standing there. They tried to mis -behave with Harmesh Devi with an intention to molest her. Tilak Raj intervened but the appellant gave a knife blow in the abdomen of said Tilak Raj who died instantaneously. The appellant then allegedly handed over the knife to Raju who while advancing towards Harmesh Devi gave a stab wound to her. On raising alarm both the persons ran away. Kalu Ram (PW 7) and Tarsem (PW 8) witnessed the occurrence and came to the spot. Harmesh Devi was brought to the hospital at Daulatpur on 13 -4 -1977 in injured condition. On a Ruqa from the doctor, the police reached the hospital and recorded the statement of PW. Harmesh Devi under section 154, Cr. P. C. on the basis of which a formal F. I. R. Ex. PL/1 was registered at police station Gagret on 14 -4 -1977 at 2 a. m. under sections 302/ 307/354/324, I. P. C.

(3.) Shri Bhupinder Singh (PW 16), Station House Officer, Police Station, Amb took investigation in his hand, During the investigation it was found that both the accused had also criminally assaulted one Ram Parshad at the shop of Arjan Singh in Daulatpur on the same day and thereafter they came to the pond of village Chalet and assaulted Harmesh Devi and Tilak Raj. Doctor S. D. Bharwal (PW 13) conducted postmortem on the body of Tilak Raj on 14 -4 -1977 and opined that the deceased had died due to stab injury. PW Harmesh Devi had received a simple injury with sharp edged weapon. One Dupatta9 and small tin of milk belonging to PW Harmesh Devi had fallen on the spot. The police took the articles into possession from the place of occurrence, Raj Kumar alias Raju was apprehended with knife on 20 -4 -1977 from an isolated hut of one Pardhana situated in the garden of the village, but the appellant had absconded After completing the investigation of challan against Raj Kumar alias Raju was put up before the Chief Judicial Magistrate, Una under sections 354/307, I. P C. and an application under section 82, Cr. P C for declaring the appellant as proclaimed offender was filed and Chief Judicial Magistrate, Una on 22 6 -1977 passed an order declaring the appellant as proclaimed offender. After trial Raj Kumar alias Raju was convicted and sentenced for the offence under section 324, I. P, C. by the Sessions Judge, Una on 14 -4 -1978 and the case of the present appellant was got separated.