SITA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) BY this common judgment two appeals, whose titles and particulars are given above, are being disposed of, as both of them are directed against the same judgment of the trial Court, whereby Sita Ram, appellant in Criminal Appeal No.7 of 1993 and respondent in Criminal Appeal No.115 of 1993, hereinafter called accused, sent up for trial for offences punishable under Sections 307, 336, 342 IPC and Section 25 of the Arms Act, has been convicted of offences punishable under Sections 326, 342 IPC and Section 25 of the Arms Act and sentenced to pay a fine of Rs.10,000/- for the offence under Section 326 IPC, to pay a fine of Rs.1000/- for offence under Section 342 IPC and a fine of Rs.1000/- for offence under Section 25 of the Arms Act, and out of the amount of fine imposed in respect of offence under Section 326 IPC, a sum of Rs.3000/- has been ordered to be paid as compensation to injured Daulat Ram (PW-2).

(3.) ACCUSED was sent up for trial by the Police on the following allegations. On 27.6.1986, a bus belonging to HRTC, which was being driven by PW-4 Tulsi Ram, left Tharoch for Nerva at 6.30 a.m. Around 7.30 a.m. when the bus reached a place called Mushrah, accused appeared in front of it with a loaded .12 gun. The driver stopped the bus. Accused did not allow the driver to move the bus and threatened that in case an attempt was made to move it he would shoot him dead. Some passengers travelling by the bus told the driver of the bus that the accused was lunatic and would withdraw within 10-15 minutes of his own. When for about half an hour the accused showed no signs of withdrawal, some passengers, including PW-1 Jai Ram, PW-2 Daulat Ram, PW-5 Agya Vallabh Shastri, alighted from the bus and tried to persuade the accused to withdraw and allow the bus to move but he did not budge. Thereafter, all those who had alighted from the bus, except PW-2 Daulat Ram, withdrew, but Daulat Ram continued to persuade the accused. The accused then fired a shot at PW-2 Daulat Ram, which hit him in the abdomen. He sat down holding his abdomen. Accused reloaded his gun to scare other passengers from coming near him or from trying to move the bus. Ultimately, the accused was overpowered by PW-3 Mohan Singh. He was disarmed and tied with a rope and taken to the Police Station. Daulat Ram was taken to the hospital at Nerva. There first aid was provided to him. Then he was shifted to Snodown Hospital at Shimla where he was treated. He had suffered various gun shot injuries, two of which were opined to be dangerous to life.