PREM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, Prem Singh alias Prem Bahadur, has by this appeal challenged his conviction and sentence by Sessions Judge, Solan and Sirmour Districts, whereby he has been convicted under S.304, Part II of the Indian Penal Code to undergo sentence of 5 years rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of the payment of fine for further imprisonment of 6 months. Besides, he has also been convicted under S.460 of the Indian Penal Code where under he has been sentenced to undergo regorous imprisonment for 2 years and also to pay a fine of Rs. 500/-. In default of the payment of fine, he was to suffer further imprisonment for 3 months. Both the sentences have been ordered to run concurrently. Needless to say that the appellant has been given benefit under S.428 of the Code of Criminal Procedure thereby benefiting the appellant to set off the period of detention suffered by him during investigation and trial.

(2.) The prosecution case, as placed before the Court, has been that the appellant had some relation with one Shri Bhai Lal Gorkha who used to reside in the house of Gurdia deceased as one Shri Basantu, the brother of the deceased, had died and so his daughter Shrimati Santi was also residing with the deceased along with Kaku who was born to her from her marriage before she settled with Bhai Lal Gorkha. The deceased Gurdia, at the relevant time, was living in village Katal.

(3.) The prosecution case further reveals that on 3-9-1985 at about 9 p.m. the deceased and Kaku were in their courtyard after taking their meals when the appellant came on the scene. The appellant, as the case proceeds, started grappling with Gurdia and in that process they went into a room. The appellant was carrying a Khukhri Ex.P.4 in his hand in this process, the torch fell down which the appellant had with him in his hand. The appellant is stated to have given a stab blow with Khukhri Ex.P4 in the stomach of Gurdia. While the appellant was running away, the deceased took Katari Ex.P5 lying in the room and gave a blow on the left bag of the appellant. The appellant is stated to have come back after sometime and threatened Gurdia and Kaku with their lives and asked them to hand over the entire property to him whereupon Gurdia and Kaku escaped from the room and spent the night in a nearby field owned by one Shri Hira Singh. Next morning Gurdia sent Kaku to a nearby village Seo to inform the Pradhan and others. Up-Pradhan Shri Ram Gopal along with Shri Raghubir Singh and others came to the spot and noticed stab wound on the stomach of Gurdia who was then taken by them to his house. It was during this time, the prosecution states, that the deceased disclosed that he was given stab wound by the appellant. After this, Ram Gopal P.W. 2 sent Rukka Ex.PA to Police Station Renuka which was thumb marked by Gurdia also. It was given in statement by the deceased that he was given stab wound by the appellant. This statement Ex.PB was signed by P.W. Raghubir Singh also. It was on the basis of this that a case was registered initially under S.326 of the Indian Penal Code which was later on converted under S.302/460 of the Indian Penal Code when Shri Gurdia died. Inquest Report Ex.P.W. 14/C was prepared and recoveries of various articles lying at the spot, like Khukhri, Katri, blood stained clothes, blood stained earth and stones, etc., were made.