STATE OF H.P. Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the Children Court, whereby respondent Pawan Kumar, who was charged with and tried for offences punishable under Sections 307 IPC and 25 and 27 of the Indian Arms Act, 1959, has been acquitted. Appellant seeks the reversal of the judgment of acquittal of the said Court and the conviction of the respondent for the aforesaid offences.

(2.) DECEASED Mohinder Kumar was present near a pillar of the verandah of his house around 5.30 p.m. on 16th June, 1989 and his sister PW-1 Sushma was present in the courtyard near a water tap. In the meanwhile, PW-2 Sunil Kumar, a cousin of deceased Mohinder Kumar, reached the courtyard of the house of the deceased, with a container, as he was going to fetch milk. Deceased Mohinder Kumar was supposed to accompany PW-2 Sunil Kumar. As the two were preparing to leave for fetching milk, the respondent also reached there with a loaded gun and asked PW-2 Sunil Kumar that he too would be accompanying him. On reaching the courtyard, the respondent declared that the gun was loaded and simultaneously he aimed the gun at deceased Mohinder Kumar and pressed the trigger. The gun-shot hit deceased Mohinder Kumar on his left cheek bone, as a result of which he fell with a bleeding wound. PW-1 Sushma raised hue and cry, on hearing which her mother and several other persons, including PW-6 Jagdish Lal and PW-5 Paras Ram, father of PW-2 Sunil Kumar, reached the spot. After some time, the father of the deceased also reached. Deceased was taken to the Primary Health Centre, situated in the village where the incident took place. PW-16 Dr. S.P. Singh, the Medical Officer, Primary Health Centre, declared that Mohinder Kumar was dead. He recorded the following observations, based on external appearance of the dead body, in his report Ex. PW-16/A:

(3.) Around 7.15 p.m., Police was informed by PW-6 Jagdish Lal, Pradhan of the Panchayat. The information was entered in the Rojnamcha, vide entry, copy Ex. PW-12/A. As per this report, deceased Mohinder Kumar had been shot dead by the respondent, by means of a gun. Police reached the spot. Inquest was conducted. Dead body was sent to the District Hospital, Hamirpur, for postmortem. Postmortem was conducted by PW-15 Dr. N.K. Sharma, who opined that the cause of death was the injury on the face caused by gunshot.