Decided on April 19,1979

STATE Respondents


- (1.) THE learned Additional Sessions Judge, Kangra Session Division, at Dharamsala has convicted the appellants for the offences under Sections 307/34, 451/34, 398/34 and 323/34 I. P. C. and has sentenced them for the said offences. Aggrieved by the said order and judgment of the learned Additional Sessions Judge, they have preferred this appeal to this Court.
(2.) BRIEFLY, the facts of the case are that on the evening of 31st May, 1978 at about 7 or 7. 30 P. M. Shri Lachhman Dass complainant (PW 3) and Anil Kumar (PW. 1) were sitting in their shop in village Chamrara, when the appellant Rup Kishore and another person who was standing at some distance, demanded a bundle of Biri and Anil Kumar handed over the same and received Us price. It is stated that at that time the sun was setting and there was sufficient light. Thereafter, Anil Kumar is stated to have gone to take his meal and the 4 accused persons headed by Rup Kishore appellant again came to the shop premises. At that time the shop was half closed and Rup Kishore appellant demanded a bundle of Biri frorn the complainant Lachhman Dass, who was then all alone in the shop. The complainant in order to hand over the bundle of Biri extended his hand towards the said appellant. The appellant, Rup Kishore, caught hold of the arm of the complainant and pulled him outside the shop. One of the accused persons is stated to have given him blows with an iron rod on his head and shoulder, whereas another accused person is stated to have given a knife blow on his left side, and both of them demanded the keys of his safe. Thereupon the complainant is stated to have shouted for help saying "mar Diya Mar Diya". The third accused person is stated to have fired a gun shot which hit the complainant in his abdomen, just below the right nipple of his chest. On hearing the shouts Anil Kumar, Roshan Lal and Ram Kishan PWs reached the place of occurrence, but before their arrival the accused persons managed to escape.
(3.) THE F. I. R. was recorded by Shri Shakti Chand M. H. C. of Police Station, Jwalamukhi on the basis of a ruqa Ex. PW-3/a, containing the statement of Lachhman Dass complainant. The ruqa was handed over by Shri Swaran Singh p. W. Lachhman Dass complainant sustained injuries and blood continued to ooze out from the injuries sustained by him on his fore-head, chin and chest. It is stated that the complainant remained in conscious state of mind and on the arrival of the aforesaid persons he narrated the incident to them. Shri Ram Kishan PW immediately rushed to Chintpurani and came back with Dr. B. Prahlad PW, so that urgent medical treatment could be given to the complainant. On his way to Chintpurani, Ram Kishan PW met District Inspector of Police Una, and apprised him about the incident. The District Inspector of Police wanted to record his statement but Ram Kishan told him that the condition of the complainant was serious and that he should reach the place of occurrence as soon as possible. It was on reaching of the Inspector of police on the spot that the statement contained in ruqa Ex. PW-3/a, was recorded by him and the same was sent to the Police Station, for the registration of a case.;

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