STATE OF H.P. Vs. RAM SARAN

JUDGEMENT

(1.) RESPONDENT was charged with and tried for offences punishable under Section 307, I.P.C. and Section 27 of the Arms Act, 1959 by the Sessions Court and was ultimately acquitted. State has appealed against the judgment of acquittal.

(2.) ACCORDING to the prosecution, respondent was posted as Constable at Police Post, Sairi of Police Station Kandaghat in the year 1990. Harbans Singh (PW12) was also posted as Constable in that very Police Post. Jamita Ram (PW3), Assistant Sub Inspector was the Incharge of the Police Post. On 27-9-1990, around 9.45 p.m, Krishan Kumar (PW2) Head Constable, who was those days staying in one of the quarters attached to the Police Post Sairi, heard the sound of firing of four-five gun shots which emanated from out side his quarter. He immediately came out and noticed that the respondent was standing with revolver in his hand. He also saw Harbans Singh (PW12) running away towards the Civil Dispensary and crying "Menu Goli Mar Diti". He returned to his quarter and Whether reporters of the Local papers are allowed to see the judgment? Yes. woke up two constables named Badri and Sunder who were present with him in his quarter and then rushed to the Civil Dispensary Sairi. There after he informed Police Control Room at Shimla. Station House Officer Police Station, Boileauganj Chander Shekhar (PW4) reached the spot. On being told by the Doctor that the life of Harbans Singh (PW12) could be saved if he was taken to Shimla for specialized treatment, said Chander Shekhar (PW4) brought Harbans Singh to Indira Gandhi Medical College, Shimla. Around 1.00 a.m, Basheer Singh (PW13), S.H.O. Police Station, Kandaghat reached the spot. He called A.S.I. Jamita Ram through Constable Chet Ram. At 3.15 a.m, he recorded the statement of PW2 Krishan Kumar Exhibit PW2/A and sent the same to the Police Station for formal registration of the case. Case was registered vide FIR Exhibit PW13/B.

(3.) ACCORDING to the opinion of the Doctor, injuries were dangerous to life. Harbans Singh injured remained unconscious for quite some time. It appears that he regained consciousness on 11.10.1990. On that day, his statement, under Section 161 of the Code of Criminal Procedure, was recorded. In the said statement, he named the respondent as the person who fired the shots at him from the service revolver.