- (1.) This appeal, from Jail, by Appellant Amar Bahadur, hereinafter referred to as "the accused", is directed against his conviction recorded by learned Additional Sessions Judge, Shimla, in Sessions Trial No. 6-S/7 of 1998, vide his judgment dated September 29, 1999, for offences punishable under Sections 302 and 324 of the Indian Penal Code. The accused has been sentenced to suffer imprisonment for life and to pay a fine of rupees 7,000/- for offence punishable under Section 302, Indian Penal Code. In case of default of payment of fine, he is to suffer further rigorous imprisonment for two years. The accused is further sentenced to suffer rigorous imprisonment for three years and to pay a fine of rupees 2,000/- for the offence punishable under Section 324 of the Indian Penal Code. In default of payment of fine, he is to undergo rigorous imprisonment for one year. The substantial sentences have been directed to run concurrently.
(2.) Shri Harish Behal, Advocate, was appointed Legal Aid Counsel for the accused in view of his prayer for Legal Aid.
(3.) Facts in brief. Chandermani alias Bhag Singh, having migrated had settled near Giri. Ganga in Tehsil Jubbal of District Shimla alongwith his two wives, Guddi Devi (PW9), Lali deceased, four children including Kapil Dev deceased and Arjun Singh (PW7). He was running 'Dhaba' at Giri Ganga alongwith his wife Lali. The other wife Guddi Devi (PW9) was living at village Sanabha at a distance of about 4 kms. from Giri Ganga alongwith two of her children. Accused Amar Bahadur alias Amar Singh and Prem Bahadur, Gorkhas, were employed by him to assist him in the Dhaba. On the night intervening May 30 and 31, 1998, Bhag Singh, as usual, slept in his Dhaba alongwith his wife Lali, sons Kapil Dev and Arjun at 11.00 p.m. There is a temple nearby the Dhaba of Bhag Singh at Giri Ganga. Roshan Lal (PW19) is Priest of the Temple. At about 2.00 a.m. Roshan Lal he woke up to answer the call of nature but found his door to have been bolted from outside. He gave call to Chandermani alias Bhag Singh but without any response. Ibrahim (PW1) alongwith other Gujjars had their 'Dera' at about 200 feet from the Temple. In the early hours of the morning, he left his dera for Shimla to sell "Khoya" (a milk product). While crossing Giri Ganga, he found one pant and one shirt stained with blood lying on the bridge. He also found a bag lying ahead of the road. The bag was also blood stained. He got suspicious and turned towards Dhaba of Bhag Singh. No body responded his calls. Ibrahim then went towards the Temple and called for Roshan Lal who is also known as Pandit. Roshan Lal, in turn, informed him that the door of his house is bolted from outside. Ibrahim opened the door for Roshan Lal. Both of them came to Dhaba. They found blood scattered in the Dhaba. Bhag Singh, his wife Lali and one of the Sons Kapil Dev were found to have been killed. The second son Arjun Singh though escaped death, was found to have been seriously injured. They also saw axe, smeared with blood, belonging to Chandermani lying nearby. Roshan Lal and Ibrahim informed the Police. Roshan Lal went to Police Post at Khar a Pathar and informed the Police about the incident in terms of report mark 'X'. He returned back to Dhaba of Chandermani alongwith Police. Dy. Superintendent of Police, Devinder Singh (PW20) also reached the spot. He recorded the statement of Roshan Lal under Section 154 of the Code of Criminal Procedure (Ext. PW10/A) and sent the same for registration of First Information Report Exhibit PW10/B. The spot was inspected by the Dy. Superintendent of Police. The dead bodies of Chandermani, his, wife Lali and son Kapil Dev were lying in a pool of blood on their respective beddings in the Dhara. Inquest Report was prepared. Blood smeared axe lying nearby was taken into possession by the Dy. Superintendent of Police Devinder Singh vide memo Exhibit PW1/A. Similarly, blood stained earth, blankets and cotton mattresses were also taken into possession after preparation of the site plan Ext. PW20/A. Dead bodies were sent for post mortem alongwith the Inquest Reports.;