LAWS(HPH)-2017-9-73

HIKMAT BAHADUR Vs. STATE OF HIMACHAL PRADESH

Decided On September 19, 2017
Hikmat Bahadur Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This judgment shall dispose of the present appeal and also the connected one, i.e. Criminal Appeal No.215 of 2016, having arisen from the judgment dated 02.05.2016, passed in Sessions Trial No.38-S/7 of 2017, passed by learned Additional Sessions Judge-II, Shimla, whereby both convicts-appellants, i.e. Hikmat Bahadur and Narain Singh Chauhan (hereinafter are called as accused No.1 and accused No.2), have been convicted and sentenced. Accused No.1 Hikmat Bahadur, in the present appeal, has been convicted for commission of offence punishable under Section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay Rs.1,00,000/- as fine and in default of payment of fine to undergo simple imprisonment for three years, whereas accused No.2 Narain Singh Chauhan, in the connected appeal, has been convicted for commission of offence punishable under Section 25 of Indian Arms Act and sentenced to undergo rigorous imprisonment for three years and also to pay Rs.25,000/- as fine and in default of payment of fine to undergo simple imprisonment for six months.

(2.) Pw-12 Mast Ram belongs to village Dhawandli, Tehsil Chopal, District Shimla. He had two apple orchards i.e. one at village Dhawandli and the other at Pouran. In order to look after his orchard at village Pouran, deceased Dil Bahadur, a Nepali National, was deployed as Chowkidar on payment of Rs.2,500/- per month.

(3.) On 18.05.2014, PW-12 Mast Ram, while on his way to Chandigarh for medical check up of his son, around 11.30 a.m., he received a telephonic call from his neighbour Narain Singh Chauhan (convict-appellant in connected appeal), who informed that deceased Dil Bahadur and accused No.1 Hikmat Bahadur had quarrelled with each-other. On this, he called deceased Dil Bahadur who informed that accused No.1 has fired a gunshot on him and thereby caused bullet injury to him. On hearing so, PW- 12 Mast Ram, immediately informed his brother-in-law PW-1 Satish Kumar and asked him to visit the spot. PW-1 Satish Kumar, in turn, went to the spot and informed PW-12 that deceased Dil Bahadur had succumbed to the injuries inflicted to him. PW-12 Mast Ram allegedly informed the police of Police Station, Nerwa, also at about 12.30 p.m. over telephone. After arrival of PW-1 Satish Kumar, alongwith one Mr. Sanjeev, at the spot, a police party headed by PW-23, SI/SHO Jasbir Singh, comprising of HC Sant Ram, HHC Virender Chand, HHC/Driver Madan Lal and PW-11 Constable Sameer Kant, rushed to the spot in official vehicle. Deceased Dil Bahadur was lying in a critical condition. He had received gunshot injury and was lying in pool of blood. The villagers had also gathered by that time on the spot.