SHER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application moved by the accused-petitioner under Section 439 Cr.P.C. for release on bail in case FIR No. 78/1999 dated 22.3.1999 of Police Station, Sadar, Shimla under Section 302 IPC.

(2.) CASE of the petitioner, as made out in the application, is that deceased Rajinder Pal son of the petitioner married a Nepali girl sometime back who perverted his mind leading to hostile attitude of the deceased towards the petitioner and other members of the family and the petitioner was beaten up by the deceased on several occasions. The petitioner, in this regard, has lodged reports dated 3.1.1999 and 26.2.1999 with the police. The apathy of the police in dealing with such report encouraged the deceased who indulged in violence against the petitioner who is aged about 64 years. On 22.3.1999, the deceased engaged himself in loose talk with the petitioner and when he was advised by the petitioner to stop such talk, the deceased became rash and violent and threatened the petitioner to settle the matter for ever and advanced towards the petitioner armed with a knife. The petitioner, apprehending danger to his life, in exercise of right of private defence of life/body, had to fire which hit the deceased. In these circumstances, the petitioner claims that his act was not intentional and cannot be said to be culpable. The petitioner surrendered to the police and is stated to be in judicial custody at present. An application for release on bail had been filed by the petitioner which was heard and rejected by the learned Additional Sessions Judge, Shimla on 10.5.1999. Hence this application.

(3.) THE sum and substance of the case of the prosecution as it emerges from the FIR is that complainant Veena Devi and Rajinder Singh were married in January 1996. Prior to the marriage said Rajinder Singh was residing separately in rented premises at Bhrari. But after the marriage, the accused-petitioner, father of said Rajinder Singh, brought them to his house and gave one storey of his house for their residence. However, after marriage of Rajinder Singh, his father - the petitioner used to quarrel with them, torture them and abuse them almost every day. On 22.3.1999, at about 7.30 P.M. accused came out of his house armed with a gun while abusing Rajinder Singh. At this point, Veena Devi came out of the house and saw the accused armed with a gun while her husband Rajinder Singh, after parking the vehicle on one side of the road, was coming down through the stairs and when he reached the storey above his residential storey, accused fired at him. The shot proved fatal as said Rajinder Singh when taken to the hospital was declared dead there.