DALBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) IN these two appeals, the same judgment, i.e., judgment dated 30th January, 1996, of Sessions Court, Kangra at Dharamshala, has been assailed and, therefore, they are being disposed of by a common judgment.

(2.) ONE appeal has been filed by the State. Its number is 563 of 1996. Prayer has been made in this appeal for converting the conviction of respondent Dalbir Singh from Section 304 IPC to 302 IPC and awarding appropriate sentence to him. Another prayer made in this appeal is for setting aside the acquittal of respondents Bakshi Chand and Daljit Singh, who were charged and tried alongwith respondent Dalbir Singh for an offence, under Section 302 read with Section 34 IPC. The second appeal, titled Dalbir Singh v. State of H.P. numbering 46 of 1996, is for setting aside the conviction and sentence of Dalbir Singh for offence, under Section 304 (first part) IPC.

(3.) RELEVANT facts may be summed up thus. PW -3 Braham Dass had gone to attend a marriage in village Beh on 18th February, 1995. In the evening, when he was returning to his village Harli, he saw accused Daljit Singh walking ahead of him, in the company of a lady named Chanchla Devi. After walking some distance in the company of accused Daljit Singh, Chanchla Devi followed another path leading to her house, while accused Daljit Singh continued to walk along the main path. On reaching near his house, accused Daljit Singh shouted to his mother if his brother Dalbir Singh was at home. On hearing accused Daljit Singh 'sshout, his brother Dalbir Singh, a co - accused with him, came out. The two brothers then started giving beatings to PW -3 Braham Dass. When PW -3 Braham Dass raised alarm, PW -4 Kaushalya Devi, one Roshni Devi, PW -5 Bikram Singh and deceased Vijay Kumar, son of PW -3 Braham Dass, came running towards him. On seeing those persons, accused Daljit Singh and Dalbir Singh ran towards their house. In the meanwhile, accused Bakshi Chand came out in the verandah of his house with a gun in his hand. He handed over that gun to Dalbir Singh and exhorted him to fire a shot at deceased Vijay Kumar. Accused Dalbir Singh then fired a shot, which hit deceased Vijay Kumar on the chest and forehead, as a result of which he died on the spot. Accused Dalbir Singh then tried to kill PW -5 Bikram Singh also, but he ran away.