RAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant is aggrieved by his conviction and sentence for having committed offences under Ss. 302 and 324, IPC ordered by the Sessions Judge, Bilaspur in sessions trial No. 3/7 of 1992, on 27-10-1994, whereby he has been convicted for both the said offences and has been directed to undergo life imprisonment and to pay a fine of Rs. 2,000/- under S. 302, IPC and in default of payment of fine has been directed to further undergo rigorous imprisonment for a period of four months. He has also been directed to undergo sentence of one year imprisonment under S. 324, IPC. Both the sentences have been ordered to run concurrently.

(2.) Facts giving rise to the present appeal are that the appellant and his father were charged u/S. 302 read with S. 34, IPC and under S. 307 read with S. 34, IPC for having inflicted injuries upon one Shri Jaiwant, who later on succumbed to those injuries in the hospital and also having attempted to commit murder of Shri Hoshiar Singh (PW-3). Both these acts were attributed to the two accused in furtherance of their common intention to commit the said offences. This incident is stated to have taken place at about 7-8 a.m. on 9-10-1991 at village Sunhani, where the deceased suggested that they should consume liquor and for this purpose, half bottle of liquor was purchased which was consumed by PW-3, Hoshiar Singh, PW-4, Hukam Singh and the deceased along with one Sadiq, who also came there. The deceased is stated to have informed PW-3 and PW-4 that the appellant owes some money to him and he left the place, while both these witnesses remained sitting there. Verbal altercation between the deceased and Chaudhary Ram, father of the appellant is stated to have taken place, who is further stated to have brought a 'Danda' and tried to hit on the head of the deceased. However, PW-3, Hoshiar Singh is stated to have caught hold of the same. Again, Chaudhary Ram wanted to snatch the said 'Danda' to hit. However, it was snatched by PW-3 who threw it on the ground. Appellant, Ram Pal is stated to have taken out a knife from his shoe and hit PW-3, Hoshiar Singh on his chest and when Jaiwant asked Ram Pal as to what he was doing, Ram Pal gave two knife blows on the back of Jaiwant, who fell down and on seeing Ram Pal coming towards him, PW-3, Hoshiar Singh ran away from the spot. PW-4, Hukam Singh also ran away from the spot. He is stated to have informed the family members of Jaiwant as well as his uncle PW-1, Kripal Singh, who came there and took both PW-3, Hoshiar Singh and Jaiwant to Barthin hospital from where they were sent to District Hospital, Bilaspur. It is further revealed from the record of the case that A.S.I. Manjhel Singh, City Incharge of Police post, Bilaspur was informed of the incident. He reached District Hospital, Bilaspur on the intervening night of 9th and 10th October, 1991 and recorded the statement of Hoshiar Singh, who was in injured state at that time under S. 154, Cr. P.C., which was sent to Police Station, Talai through Jagat Ram, Constable for registration of the case. A.S.I. Manjhel Singh, PW-6 is stated to have filled in the pro forms of Inquest Report (Exts. PB and PB/1). At the same time, he applied for conducting the post-mortem to the Civil Hospital authorities on the body of the deceased and consequently, Dr. K. L. Gupta (PW-12) conducted the post-mortem on 10th October, 1991 and in his opinion the death was the result of hypovolemic shock. Jaiwant who was in injured State had died in the hospital after he was brought there and on the request of the police, postmortem was conducted at 1-00 p.m.

(3.) Investigation was taken over by Sub-Inspector, Duni Chand, the then S.H.O. (PW-14). FIR was recorded on the basis of the statement under S. 154, Cr. P.C. made by Shri Hoshiar Singh (PW-3) and the said FIR is Ext. PD/1. PW-14, Shri Duni Chand, S.I. is stated to have taken into possession the shirt of Hoshiar Singh, injured (Ext. P-1) in the presence of the witnesses and had prepared the site plan (Ext. PS). Samples of blood stained soil from the place of occurrence were also taken into possession and put in tin box (Ext. P-7), which were taken into possession. This was witnessed by two witnesses, one of whom was produced and is Tulsi Ram, PW-5. During the course of investigation; police photographer, Prem Lal (PW-11) had taken the photographs Exts. P-11 to P-21 and negatives of which are Ext. P-22 to P-32.