P. Sathasivam, J. - (1.) This appeal is filed against the final order and judgment dated 05.05.2010/26.05.2010 of the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 270 of 1998 whereby the High Court reversed the order of acquittal of the Appellant passed by the Sessions Judge, Una and convicted him under Sections 302 and 307 read with Section 34 I.P.C.
(2.) The brief facts leading to the filing of this appeal are as follows: (a) Vikram Singh, the complainant (PW-1), his brother Bachittar Singh (since deceased) and Jagat Singh, Appellant/accused (A-1), are residents of village Dehlan. Vikram Singh had a land dispute with the accused for the last 4/5 years. Rattan Singh - accused No. 2 filed an application before the Assistant Settlement Officer (in short "ASO"), Una for demarcation of the land in dispute. On 29.04.1997, the ASO accompanied by Kanungo and Patwari had come to the spot for carrying out the demarcation of the said land. Jagat Singh (A-1), and Rattan Singh (A-2) also reached there. The field which was to be demarcated was situated by the side of the house of one Sehdev Singh. On learning that the accused have brought the ASO for demarcating the disputed land which has already been settled in the Court, Vikram Singh, the Complainant (PW-1), and his brother Bachittar Singh (the deceased), also reached there. On seeing them, Jagat Singh (A-1) and Rattan Singh (A-2) started abusing them. At that stage, the ASO left the place and the demarcation of the land did not take place. (b) As soon as ASO left the place in a jeep, Jagat Singh (A-1) and Rattan Singh (A-2) took out their respective Gatras and stabbed the deceased on his chest. On seeing this, when Vikram Singh - the Complainant (PW-1), stepped forward to save his brother, Jagat Singh (A-1) stabbed him on the elbow of his right arm. Rattan Singh (A-2) also gave a blow on the right side of his chest. In the meanwhile, Avtar Kaur-wife, Gurdeep Kaur-daughter, Sarabjit Kaur-daughter-in-law of the deceased accompanied by Harnek Singh - son of Vikram Singh (PW-1) reached the place of incident. On seeing them, the accused persons ran away from the spot. Bachittar Singh and Vikram Singh were taken to the District Hospital, Una at about 3.30 p.m. However, Bachittar Singh died on the way while he was being taken to the hospital at Una. The complainant - (PW-1), after being given medical first aid was referred to Dayanand Medical College, Ludhiana. The matter was reported to the police over telephone. The police recorded the statement of Vikram Singh (PW-1) and on that basis, FIR was registered at Police Station, Una. During the course of investigation, one Gatra was recovered pursuant to the confession made by Jagat Singh (A-1). Another Gatra was handed over to the Investigator of the case by Gurdip Kaur, daughter of the deceased. (c) On completion of the investigation, the final report was filed in the Court of Chief Judicial Magistrate, Una on 24.07.1997. On 03.11.1997, the trial Court framed the charges against the accused for committing offences punishable under Sections 302, 307, 324 read with Section 34 I.P.C. The trial Court, by judgment dated 01.04.1998, acquitted all the accused persons. (d) Against the judgment of acquittal passed by the Trial Judge, Una, the State of H.P. filed an appeal before the High Court of Himachal Pradesh at Shimla. The High Court, by the impugned judgment dated 05.05.2010, set aside the order of acquittal passed by the Sessions Judge, Una and convicted Jagat Singh (A-1) and Rattan Singh (A-2) under Sections 302 and 307 read with Section 34 I.P.C. However, the appeal filed by the State against Parminder Singh (A-3) and Balwant Singh (A-4) was dismissed. On 26.05.2010, the High Court, while passing the order with regard to the quantum of sentence, sentenced Jagat Singh (A-1) to undergo imprisonment for life and to pay a fine of Rs. 2000/- and in default to undergo imprisonment for a further period of six months for the offence punishable under Section 302 read with Section 34 I.P.C. As regards the offence under Section 307/34 I.P.C., the Appellant shall undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, in default to undergo simple imprisonment for a further period of six months. Since A-2 was expired on 29.03.2009, the appeal against him was abated. Against the said order of conviction and sentence, the Appellant (A-1) has filed this appeal before this Court.
(3.) Heard Mr. R.K. Kapoor, learned Counsel for the Appellant and Ms. Kiran Bala Sahay, learned Counsel for the Respondent-State.;