SHAMSHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.3.2013 passed by the leaned Additional Sessions Judge, Fast Track Court, Chamba in Sessions Trial No. 6/12/11 whereby the appellant-accused, who was charged with and tried for offences punishable under section 307 of the Indian Penal Code and 27 of the Arms Act, 1959 has been convicted and sentenced to undergo rigorous imprisonment for seven years under section 307 of the Indian Penal Code and to pay a fine of Rs. 20,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year. He has also been sentenced to undergo two years rigorous imprisonment for offence under section 27 of the Arms Act, 1959 with a fine of Rs. 5,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for three months. Both the sentences were ordered to run concurrently.

(2.) Case of the prosecution, in a nutshell, is that in the month of June, 2009 Head Constable Sanjeet Singh was posted at Company Head Quarters, 2nd Indian Reserve Battalion in District Chamba. Accused, who was posted at O.C.P. Nodal Dhar, was shifted to Company Head Quarter, Tarela alongwith other police constables on 25.10.2010. PW-3 Head Constable Sarwan Kumar and PW-4 Head Constable Satpal were also posted at Company Head Quarter, 2nd Indian Reserve Battalion, Tarela. On 5.11.2010, accused had performed his duty as Guard at Company Head Quarter, Tarela from 6.00 P.M. to 9.00 P.M. Thereafter, PW-9 Constable Ajeeb Kumar replaced accused to perform duty from 9.00 P.M. to 12.00 mid night. Accused had raised objection with regard to standard of food in Mess. PW-2 Sanjeet Kumar advised accused that since Incharge of Mess was out of station, on his arrival meeting would be convened and the problem of quality of food in the Mess would be sorted out. However, the accused in aggressive manner replied that he would settle the score and things on his own. On 5.11.2010 before 9.00 P.M., Constables Ashok Kumar and Vivek Garg were bursting crackers, upon which accused felt annoyed and asked them to stop bursting crackers, failing which he would fire with his rifle having ammunition in chamber. On 5.11.2010 on the day of Diwali festival at about 9.00 P.M. after having dinner, PW-2 Sanjeet Kumar alongwith his colleagues Sunil Kumar, Wireless Operator and PW-7 Vivek Garg went to urinate in the open after getting down from the stairs. While returning back PW-9 Ajeeb Kumar, who was performing his duty as Guard at Company Head Quarter, Tarela from 9.00 P.M. to 12.00 mid night told Sunil Kumar and PW-7 Vivek Garg that he was feeling cold. PW-7 Vivek Garg, PW-2 Sanjeet Kumar and Sunil Kumar told PW-9 Ajeeb Kumar that charcoal was not available and it would be better to utilize fuel wood. They also advised him to perform his duties attentively. All of them climbed the stairs to return to their dormitory. Accused who finished his duty at 9.00 P.M. followed three personnel while climbing the stairs and opened fire on them with his AK 47 rifle. PW-2 Sanjeet Kumar was hit by bullet and all of them rushed to dormitory. He sustained injury in his upper thigh. On reaching entrance of dormitory accused was again noticed chasing them armed with his AK 47 rifle. Accused again opened fire but fortunately no one was hit. Accused arrived in the dormitory. Head Constable Kulwant Kumar and Constable Ashok were already present inside the dormitory, who on seeing accused armed with AK 47 rifle with the help of Constable Sunil Kumar and PW-7 Vivek Garg nabbed him and snatched AK 47 rifle. PW-6 Head Constable Kulwant Kumar took out magazine. Clothes of PW-2 Sanjeet Kumar were smeared with blood. PW-6 Kulwant Kumar informed Company Head Quarter, Tissa on his mobile and thereafter Rapat No. 23 (A) Ex.PW- 10/A was entered in Police Station, Tissa. On 5.11.2010, late in the night, at about 10.30 P.M. to 11.00 P.M., on receipt of information, PW-15 Sub Inspector Mahinder Singh reached the spot. PW-6 Kulwant Singh handed over AK 47 rifle and magazine loaded with 13 live cartridges to Satpal for custody. PW-2 Sanjeet Kumar was bleeding profusely from his thigh. He was taken to hospital for medical examination. After giving first aid at Hospital, Tissa, he was referred for further medical treatment to R.P.G.M.C. Tanda. Statement of PW-2 Sanjeet Kumar was recorded. Rukka was sent to the Police Station, on the basis of which FIR Ex.PW-11/A was registered. PW-2 Sanjeet Kumar was medically examined by PW-1 Dr. Ashish Kumar vide MLC Ex.PW- 1/B. He gave his opinion Ex.PW-1/C. According to him, injury sustained by PW-2 Sanjeet Kumar was found to be bullet injury. PW-2 Sanjeet Kumar was admitted in R.P.G.M.C. Tanda on 6.11.2010 and discharged on 8.12.2010. Clothes worn by Sanjeet Kumar were taken into possession. These were sent to Regional Forensic Science Laboratory, Dharamshala for chemical analysis. Accused was arrested vide memo Ex.PW-15/E. Seven empty cartridges lying at different places on the spot were taken into possession. According to report Ex.PY, discharge residue has been detected in the barrel of AK- 47 rifle. The investigation was completed and the challan was put up in the court after completing all the codal formalities.

(3.) Prosecution examined as many as 16 witnesses in all to prove its case against the accused. Statement of accused was also recorded under section 313 of the Code of Criminal Procedure. According to him, he was falsely implicated. He has also examined DW-1 Dr. Navneet Sharma to prove injury sustained by him. Additional Sessions Judge, Fast Track Court, Chamba convicted and sentenced the accused, as noticed hereinabove.