JHAPTU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) , In this appeal, the appellant has challenged the judgment of his conviction and sentence passed by the learned trial Court, under Section 302 of the Indian Penal Code whereby he was sentenced to undergo the Imprisonment for life and to pay a fine of Rs.10,000/ -, in default of payment of fine, to further undergo imprisonment for a period of one year.

(2.) IN nut -shell, the prosecution case emerging from the evidence on record can be stated thus. Quite sometime past, the appellant and his son PW3 Dina Nath were not pulling on well, which oftenly gave a cause to pick up the quarrel between them. On 14th June, 2004, the daughter of the appellant named Shukari Devi called Devinder Kumar (deceased) son of PW1 Bhagti Devi, in the house of her parents in village Sangdhar. At about 9 p.m., deceased alongwith his mother Bhagti Devi (PW1) went there. The moment they reached there, appellant fired a gun shot at Devinder Kumar, in the presence of his son PW3 Dina Nath, resulting into his death on the spot. On hearing the commotion, PW2 Lal Singh and PW4 Rirku Ram co -villagers, came to the place of occurrence. PW1 Bhagti Devi narrated about the said incident to them. She also telephonically informed PW5 Hem Raj, Patwari. In turn, Hem Raj informed PW6 Bal Krishan Chaudhary, Naib -Tehsildar, Padhar, who further informed the SHO, Police Station, Joginder Nagar telephonically. An entry Ex.PW8/A to this effect was recorded in the daily diary by PW8 MHC Khem Singh.

(3.) POLICE prepared site plan, Ex.PW14/A, of the place of incident. PW3 Dina Nath, son of the appellant handed over the gun which was in broken condition to the police. It was taken into possession, vide memo Ex.PW4/A, in the presence of PW4 Rirku Ram. The police took the photographs of the dead body and the inquest papers Exts.PW14/C and PW14/D were prepared, thereafter the dead body was sent for autopsy.