AKASH DEEP SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Cr. Appeal No. 275 of 2011 title Sanjeev Kumar Vs. State of H.P. and Cr. Appeal No.404 of 2011 title Kulwant Singh Vs. State of H.P. & Others filed against the same judgment and sentence passed by learned Trial Court in Sessions Trial No.9-NL/7 of 2010 title State of H.P. Vs. Sanjeev Kumar and others decided on 28.07.2011. As both the appeals have been filed against the same judgment and sentence hence both the appeals are consolidated and disposed of together in order to avoid conflicting judgments.

(2.) It is alleged by the prosecution that in the month of May 2009 all the accused persons constituted criminal conspiracy to kill deceased Kirpal Singh. It is further alleged by the prosecution that in the intervening night of 19th/20th May 2009 at about 11.30 PM in pursuance of criminal conspiracy hatched by accused persons deceased Kirpal Singh was murdered at place Androla bridge by accused persons. It is further alleged by the prosecution that co-accused Sanjeev Kumar @ Sanju in connivance with PW Dhruv Kumar got his duty card punched for the period 18.05.2009 to 21.05.2009 without being present in the factory premises known as Ravira Home Finishing Company Panipat in order to cause disappearance of evidence. It is further alleged by the prosecution that co-accused Sanjeev Kumar @ Sanju was found in possession of fire arm and live cartridge and shot dead deceased Kirpal Singh with the help of fire arm on the intervening night of 19th/20th May 2009. It is further alleged by the prosecution that on 20.05.2009 a telephonic information was received in the police station that dead body was lying over Androla bridge and thereafter entry was recorded in daily diary and thereafter police officials went to the spot and statement under Sec. 154 Cr.PC of PW-1 Kulwant Singh recorded. It is further alleged by the prosecution that FIR was registered and inquest reports prepared at the spot. It is further alleged by the prosecution that photographs took and thereafter dead body was sent for post mortem and thereafter after post mortem dead body was handed over to father of the deceased. It is further alleged by the prosecution that during investigation motorcycle Hero Honda No.HP-12-B-0323 along with documents, driving licence, identity card of deceased Kirpal Singh were taken into possession from the spot vide seizure memo. It is further alleged by the prosecution that during investigation blood stained soil and controlled sample of soil lifted from the spot and took into possession vide seizure memo in the presence of witnesses. It is further alleged by the prosecution that during investigation blood stained lying over parapet also took into possession. It is further alleged by the prosecution that as per post mortem report cause of death of deceased was hemorrhagic shock due to injury to major blood vessel. It is further alleged by the prosecution that as per opinion of PW-25 Dr. Puneet Sharma injuries observed over the dead body of deceased could be caused with close range of fire with country made pistol. It is further alleged by the prosecution that co-accused Sanjeev Kumar @ Sanju also made disclosure statement disclosing that he had concealed country made pistol. It is further alleged by the prosecution that as per disclosure statement country made pistol along with used cartridge and live cartridge were recovered and taken into possession vide seizure memo. It is further alleged by the prosecution that sketch of country made pistol and photographs of the place of recovery also took into possession. It is further alleged by the prosecution that statement of witness Dhruv Kumar also recorded under Sec. 164 Cr.PC. It is further alleged by the prosecution that co-accused Jaspal Singh made a disclosure statement that he along with other co-accused hatched conspiracy to kill deceased Kirpal Singh. It is further alleged by the prosecution that co-accused Vikram Singh made a disclosure statement disclosing that payment of Rs.20,000.00 (Rupees twenty thousand) made by co-accused Sodhi Singh to co-accused Sanjeev Kumar @ Sanju as part payment to kill deceased Kirpal Singh. It is further alleged by the prosecution that motorcycle Hero Honda No.PB-10AZ-1004 also took into possession. It is further alleged by the prosecution that during investigation co-accused Jaspal Singh produced his clothes T-shirt and lower and same took into possession vide seizure memo. It is further alleged by the prosecution that co-accused Vijender Singh @ Vicky produced his clothes shirt and pant and same took into possession vide seizure memo. It is further alleged by the prosecution that co-accused Jasbeer Singh produced his clothes shirt T-shirt and pant and same took into possession vide seizure memo. It is further alleged by the prosecution that during investigation co-accused Sanjeev Kumar @ Sanju produced his clothes T-shirt and pant and same took into possession vide seizure memo in the presence of witnesses. It is further alleged by the prosecution that during investigation motorcycle No.HP-12-A-3318 took into possession from courtyard of Mangal Singh vide seizure memo along with documents i.e. copy of RC. It is further alleged by the prosecution that during investigation Smt. Kaushalya Devi produced mobile phone along with Sim card No. 09958347400 and same took into possession vide seizure memo. It is further alleged by the prosecution that during investigation copies of jamabandi relating to Khasra No. 106 and Khasra No. 35 also took into possession. It is further alleged by the prosecution that Aksh Sajra prepared by Patwari Ram Dayal and same also took into possession. It is further alleged by the prosecution that case property was deposited in malkhana and thereafter same was sent to State Forensic Science Laboratory. It is further alleged by the prosecution that dead body was lying over Androla bridge along with motorcycle. It is further alleged by the prosecution that during investigation spot map also prepared.

(3.) Learned Trial Court framed charge against co-accused Sanjeev Kumar @ Sanju under Sections 120-B, 302 & 201 Penal Code and under Arms Act on dated 08.06.2010. Learned Trial Court also framed charge against co-accused Vikram Singh, Sodhi Singh, Jasbeer Singh, Vijender Singh, Jaspal Singh & Shashi @ Kali @ Sonu under Sections 120-B and 302 Penal Code. Accused persons did not plead guilty and claimed trial.