RAJ KUMAR @ RAJU Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Raj Kumar is aggrieved by the judgment, dated 29th November, 2005, of the Sessions Court, whereby he has been convicted of offence, under Section 302 of the Indian Penal Code, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine to undergo simple imprisonment for a further period of three months. So, he has preferred this appeal.

(2.) CASE of the prosecution may be summed up thus. On the night intervening 15th and 16th October, 2003, around 2.20 p.m., a telephonic call was received at Police Station, Talai, District Bilaspur. The caller did not disclose his particulars, but informed that Raj Kumar son of Budhi Singh, resident of Kalol, had been stabbed, with a knife, in the bazaar of village Kalol and he was lying unconscious and the police should reach and take appropriate action. The call was attended by PW-16 ASI Ram Nath. Entry was made in the Rojnamcha, copy of which is Ex. PW-15/A. Upon that a police party, headed by a Head Constable, was deputed to the spot. Next day, PW-16 ASI Ram Nath also went to the spot. PW-1 Santosh Kumar made a statement to him, which was recorded, under Section 154 of the Code of Criminal Procedure. The record of the said statement is Ex. PW-1/A. As per this statement, on the night intervening 15th and 16th October, 2003, around 11 p.m., when Santosh Kumar was present in his room, he heard some commotion and when he came out of the room, he saw Raj Kumar son of Budhi Singh holding his abdomen and crying. He was saying that he had been stabbed by the driver of Trolla (Mohindera Jeep) No. HP-23A-1633. PW-1 Santosh Kumar further reported that when he came out of his room, he saw three persons running towards village Bhatoli Kalan and PW-4 Rajesh Kumar chasing them. It was also stated by him that Surinder Kumar and Bashir Mohammad were already on the spot. The said statement was sent to the Police Station, for registration of the case and the case was registered vide FIR Ex. PW-15/D, under Section 307, read with Section 34 of the Indian Penal Code.

(3.) ON 17th October, 2003, PW-4 Rajesh Kumar informed the police that he and deceased Raj Kumar were together, on the night intervening 15th and 16th October, 2003, and that around 10.30 p.m., Raj Kumar, after closing his shop in village Kalol, went to the liquor vend to hand over the key of his shop to the salesman at the liquor vend and when they were at the said vend, a Mohindra Jeep, bearing registration No. HP-23A-1633 came there. He told that the Jeep was being driven by appellant Raj Kumar and three more persons were accompanying him in the said Jeep. He also told the police that music was being played by the appellant in the cabin of the said Jeep, at high volume, to which he objected and a quarrel ensued and that thereafter three companion occupants of the appellant ran towards village Bhatoli Kalan and he chased them, while the appellant ran in the opposite direction towards village Jejhwin and the deceased was chasing him. It was further stated by him that soon the deceased returned, holding his abdomen and told that he had been stabbed by the appellant.