SOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Sohan Lal along with Harpal Singh, Sukhdev Singh and Jasbir Singh have been convicted under Section 302 read with Section 149. IPC and have been sentenced to undergo rigorous imprisonment for life as well as to pay a fine of Rs. 5,000/- each in default of which to undergo further simple imprisonment for one year by the learned Sessions Judge. Bilaspur vide his judgment dated 2nd June. 1998. Appellant Sohan Lal filed Criminal Appeal No. 219 of 1998 against the said conviction and sentence which stands admitted. By the present application he has applied for bail during the pendency of the appeal.

(2.) The facts as given in the impugned judgment are as follows: On 2nd August, 1993 at about 11.00 P.M. the police had received telephonic message that Head Constable Gurmit Singh has been killed at Majari by gun-shot. On the basis of which the police immediately rushed to the spot and recorded the statement of Daljit Singh under Section.154. Cr. P.C. who had stated that at about 9.45 P.M. when he was standing on the road at village Dher Gurmit Singh. Head Constable came on his scooter and he had also accompanied him to village Majari. At about 10 P.M. when they reached near the tube-well of Jasbir Singh one Maruti Car bearing Registration No. HR-O 1 8-061 0 came with four persons including the driver. Gurmit Singh. Head Constable stopped the car and shown his suspicion that they are involved in some illegal activities. The occupants of the car requested the Head Constable to allow them to go but he asked them to bring some person from village Majari only then he will allow them to go. Two occupants of the car had gone to village Majari and after sometime the accused persons Ajmer Singh. Sukhdev Singh. Harpal Singh. sons of Amar Singh, Jasbir Singh along with one occupant of the car came in tractor with three guns in their hands and shot dead Gurmit Singh. The complainant asked the accused persons that what they did, upon which, they had replied that they have done the right thing. In the meantime one Manjinder Singh and Kesar Singh also came at the spot and accused persons had gone back on the tractor and the occupants of the car had also gone from the spot. On the basis of the report, a case under Sections 302/34, IPC was registered.

(3.) After the investigation, the accused persons being five in number including one Amar Singh were charged for the offences punishable under Sections 147,148,109.212,302 read with Section 149, IPC and under Sections 25, 54 and 59 of the Arms Act. They having pleaded not guilty the trial ensued. At the trial the prosecution examined 23 witnesses. In their statements under Section 313 Cr. P.C., the stand of the accused was that of simple denial. However, no evidence was produced by them in their defence. As already indicated above four of the original accused including the present appellant-applicant Sohan Lal stand convicted and sentenced in the manner aforesaid while the fifth accused Amer Singh has been acquitted by the learned Sessions Judge by giving him the benefit of doubt.