MULTAN SINGH Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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(1.) By this appeal, the accused has challenged his conviction by the Sessions Judge, Una, in Sessions Case No. 1 of 1988, Sessions Trial No. 3 of 1988, decided on 7-1-1988. In this case, the accused was charged, tried, convicted and sentenced for offence under Section 302 of the Indian Penal Code read with Section 27 of the Indian Arms Act.
(2.) Briefly speaking, the allegation against the accused is that Smt. Surinder Kumari alias Krishna (hereafter referred to as 'Havildarni or deceased') was residing in Mohalla Khadpur, within Municipal Committee, Una, while the accused was running a Medical Store on Una-Nangal Road. Before settling at this place, the deceased was married previously to Jagan Nath and then started living with one Bansi Lal Out of this relationship, Lalit Kumar (PW 4) was born. The deceased had a tiff with Bansi Lal. a police official, at Hamirpur, as a result of which she came to Una to reside there and started earning her livelihood by selling milk The accused had also his house at a short distance from that of the deceased. He had been proposing to the deceased to be his wife but endeavours did not, however, bear fruit.
(3.) The incident took place on 28-8-1987 at about 5 p.m. Before the actual shooting, the accused was seen roaming near the house of the deceased with a gun. The deceased had gone to a nearby field to cut grass alongwith Smt Swarni (PW 6) and Satya. There the accused came with his gun and shot at the deceased. In the meantime, Lalit Kumar came there but soon concealed himself in a pit nearby out of fear since the accused had aimed his gun at him also. The third shot was fired and the deceased fell flat on the ground. While leaving the place of occurrence, the accused fired two shots to create scare Santosh Kumari (PW 5), while coming from her office, found certain children talking about someone roaming under intoxication and with a gun. Soon thereafter, she heard sound of gun fire and cries of a child. She went to the place of occurrence and found the deceased bleeding. This lady came to the road and stopped a tractor. The lady requested Amarjeet Singh (PW 8), the driver of the tractor, to take the deceased to the hospital since somebody had killed her. Amarjeet Singh (PW 8), went to his shop and informed the police through telephone. This message was noted in the daily-diary at police station, Una, and on this basis, the present case was registered.;
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