JASWANT SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The appellant, Jaswant Singh, aged 19 years, feels aggrieved and, therefore, challenges the judgment of the Session Judge, Hamirpur (as Additional Sessions Judge for Shimla Division) convicting the appellant under Sections 302/404 of the Indian Penal Code and sentencing him to imprisonment for life and a fine of Rs. 1000/- and in default of the payment of fine, to undergo further rigorous imprisonment for six months, by judgment dated 21-12-85 in Sessions Case No. 28-B/7 of 1985/4-B of 1985.

(2.) The prosecution case, to put it briefly, is that one Jagdish Chand reported at Police Post, Barmana, on 28-4-85 at 8.30 a.m. that the dead body of Shri Bhup Singh, a shopkeeper of Barmana, was noticed by Shri Piar Singh who informed him of the same. Upon this, he states, that the, place was visited by him alongwith Shri Piar Singh and Des Raj. Head injuries on the body of Shri Bhup Singh were found and that after that he came to the police post to lodge the report. The informer further reported that he suspected the appellant for the commission of the crime as he was seen moving with one another person around Barmana although he had completed his contract work and had left Barmana about 2 or 21/2 months back. On his own inquiry, it was found that the appellant bad entered into a sale transaction with another contractor Shri Faquir Chand about four months back, for the purchase of scooter No. HPA - 5999 and advance on behalf of Jaswant Singh was paid by deceased Bhup Singh and it was agreed at that time that the scooter will be - retained by Bhup Singh till Jaswant Singh paid the entire sale consideration. Jaswant Singh also owed some money to Bhup Singh. Jaswant Singh failed to pay the sale amount as well as the amount due to Bhup Singh with the result that inimical relations developed between Bhup Singh and Jaswant Singh. The matter Wall investigated and challan under Sections 302/404 read with Section 34 of the Indian Penal Code was filed against the appellant and Ramesh Kumar only and the third accused, Beeru alias Beer Bhan, S/o Shri Chhankanda Ram, Caste Arora, R/o H.No. 1134, Mohalla Jatwara Lal Darwaja, Lobarwali Galli, P.S. and Tehsil and District Sonepat, Haryana, was declared a proclaimed offender. The prosecution examined a number of witnesses and the appellant did not lead any defence. The result was that the appellant was convicted, as aforesaid, whereas Ramesh Kumar was acquitted. No appeal against the acquittal of Ramesh Kumar has been filed by the State of Himachal Pradesh.

(3.) During the course of trial, the endeavour of the prosecution bad been to prove that the motive on the part of the appellant to do away with the deceased Bhup Singh was not only the refusal to band - over the scooter, No. HPA -5999, in accordance with the agreement dated 4-2-85 between the appellant and Faquir Chand, contractor, (P.W.17) but also the demand of his outstanding dues to the extent of Rs. 1100/1200. This created disaffection between them and, therefore, the appellant came to Barmana alongwith two others, namely, Ramesh Kumar and Biru alias Beer Bhan, purchased liquor from a local vend and went to the side through which the deceased used to go to his village Salnoon. They set on a parapet, consumed liquor, and killed the deceased near the Dabar Nallah at BahI where his body was ultimately found lying.