Decided on March 17,1997

LEKH RAJ Appellant


ARUN KUMAR GOEL, J. - (1.)This appeal is preferred by Lekh Raj-convict (hereinafter referred to as the 'Appellant'), against the judgment passed by Shri Shamsher Singh, Additional Sessions Judge, Shimla. By means of impugned judgment dated 16-10-1996 passed by trial Court in Sessions Trial No. 10-S/7 of 1996, the appellant has been found to be guilty under Ss. 302 and 452 of the I.P.C., and has been directed to undergo life imprisonment under S. 302 of the I.P.C. and for one year under S. 452, I.P.C., and both these sentences have been ordered to run concurrently.
(2.)Brief facts giving rise to this case as per prosecution case against the appellant are that, on 11-12-1995 at about 4.50 p.m. he knocked the door of the house of the deceased Surinder Pal Singh at Summer Hill, Shimla. On the door having been knocked by the appellant, it was opened by PW-1 Narinder Pal Singh who is brother of the deceased. This witness had been a student of H. P. Institute of Engineering and Technology at the relevant point of time along with Ashwani Kumar PW-2 his friend. When the door was opened, appellant is stated to have inquired the whereabouts of the deceased from PW-1, when the latter informed that deceased was inside the house in the adjacent room, where he was changing his clothes. During this time, the appellant had entered the room of PW-1 and the straightway went to the adjacent room where deceased was changing his clothes and he started quarrelling with the deceased. At this time appellant gave multiple fist blows on the body of the deceased, as a consequence where of the deceased fell down on the double bed. On seeing this, PW-1 Narinder Pal Singh entered the room and tried to rescue his brother when the appellant according to prosecution had taken out knife Ex. P-8 and had inflicted an injury in the chest portion of the deceased. Appellant has been caught-hold of from behind by PW-1 but he inflicted another knife blow in the stomach region of the deceased, besides causing hurt with knife to PW-1 which resulted in weakening of the grip of PW-1. Thereafter, the appellant managed to escape from the scene of occurrence and was followed by PW-1 brother of the deceased upto some distance. At this time injured PW-1 Narinder Pal Singh saw his mother Smt. Chanchal Rani PW-12 approaching towards her house when the latter was informed by PW-1 regarding injuries having been caused to him as well as to his brother Surinder Pal Singh by the appellant. On the asking of PW-12 to take out the deceased for being taken to University M.O., Ambulance was sent for and the deceased was taken to University M.O. at Summer Hill. PW-12 found that the condition of her deceased-son was getting critical and had collapsed soon after reaching the University dispensary. Efforts were made by PW-8 Dr. S. K. Sharma, Medical Officer Incharge, H. P. University dispensary, Summer Hill, Shimla to revive the deceased but without any result. The doctor had also given oxygen inhalation to the deceased but of no significance. In these circumstances, PW-8 referred Surinder Pal Singh to I.G.M.C. where he was taken to casualty but Surinder Pal Singh was declared dead at about 5.30 p.m. in the hospital.
(3.)At the time which the deceased was being taken to University Dispensary by his mother PW-12, injured PW-1 Narinder Pal Singh was rushed to report the matter to Police Station West, Shimla where he lodged FIR Ex. PW-1/A against the appellant at 5.30 p.m on 11-12-1995.

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