DHARAM PAL Vs. STATE OF H P

JUDGEMENT

(1.) Criminal Appeal No. 13 of 2008 titled Dharam Pal and another Vs. State of HP, Criminal Appeal No. 272 of 2008 titled State of HP Vs. Dharam Pal and others and Criminal Revision No. 57 of 2008 titled Prithvi Raj Vs. Dharam Pal and others are filed against the same judgment and sentence passed by learned Additional Sessions Judge Fast Track Court Una District Una HP in Sessions case No. 12 of 2007 titled State of HP Vs. Dharam Pal and others decided on 31.12.2007. In order to avoid conflict judgment Criminal Appeal No. 13 of 2008, Criminal Appeal No.272 of 2008 and Cr. Revision No. 57 of 2008 are consolidated for disposal.

(2.) Brief facts of case as alleged by prosecution are that on dated 21.6.2007 at about 11.30 pm at village Badhmana Tehsil Amb District Una HP accused persons in furtherance of common intention committed murder of Sunil Dutt by way of causing his death. It is further alleged by prosecution that on the same date, time and place accused persons in furtherance of common intention caused simple injuries to Ritender Singh, Sitender, Atul Kumar and Mukal Sood by way of beating them. It is further alleged by prosecution that accused persons in furtherance of common intention voluntarily caused hurt to Ritender Singh with sharp edged weapon. It is further alleged by prosecution that at the same date, time and place accused persons committed mischief by causing damage to maruti car of Jiwan Singh bearing registration No. HP-19A-4696. It is further alleged by prosecution that marriage of one Raj Kumar resident of Amb took place on dated 21.6.2007 at village Badhmana Tehsil Amb District Una. It is further alleged by prosecution that marriage party reached at village Badhmana at about 10 PM and marriage was also attended by the friends of Raj Kumar namely Mukal Sood, Ritender Singh, Sitender and Atul Kumar and deceased Sunil Kumar. It is further alleged by prosecution that they have gone to village Badhmana in a car bearing registration No. HP-19-4696 and reached at Badhmana at about 10.30 PM. It is further alleged by prosecution that thereafter they met with bridegroom and his father who asked them to take dinner and thereafter all of them except Vineet Kumar went to the house of bride to take meals. It is further alleged by prosecution that there was rush at the dinning place and they were asked by the people from bride side to sit in the verandah on the roof of bride house. It is further alleged by prosecution that co-accused Dharam Pal along with his two children and two other persons were also sitting on the roof of house. It is further alleged by prosecution that deceased Sunil Kumar told that co-accused Dharam Pal was the captain of their football team. It is further alleged by prosecution that thereafter co-accused Dharam Pal did not respond and thereafter deceased Sunil Kumar asked co-accused Dharam Pal whether he was angry with him upon which co-accused Dharam Pal told to deceased Sunil Kumar that he was not angry and he shook hands with deceased Sunil Kumar. It is further alleged by prosecution that thereafter there was a call for dinner and the persons sitting on the roof of house started coming down and while coming down co-accused Dharam Pal pushed deceased Sunil Kumar due to which altercation took place between them and there was a scuffle between Dharam Pal and Ritender Singh but they were separated by PW4 Gurpiara. It is further alleged by prosecution that thereafter co-accused Dharam Pal called other persons present in the court yard and thereafter co-accused Ajit Kumar, Sanjiv Kumar @ Happy and some other persons came there and thereafter co-accused Dharam Pal and co-accused Ajit Kumar beaten deceased Sunil Kumar and co-accused Kewal Krishan and Sanjeev Kumar have beaten Mukal Sood, Ritender Singh Sitender and Atul Kumar. It is further alleged by prosecution that thereafter co-accused Dharam Pal caused injury to deceased Sunil Kumar with sharp edged weapon in his chest and blood started oozing out from the chest of deceased Sunil Kumar. It is further alleged by prosecution that thereafter Mukal Sood, Satinder and Atul Kumar brought deceased Sunil Kumar to road side and as soon as the injured was placed in a car co-accused Dharam Pal, co-accused Ajit Kumar, coaccused Kewal Krishan and one Rajiv Kumar resisted and pelted stones on car and broken window panes of car. It is further alleged by prosecution that thereafter injured was brought to civil hospital Chintpurni but hospital was closed and thereafter injured was brought to civil hospital Amb where the doctor declared him dead and informed police officials. Charges were framed by learned Additional Sessions Judge Una on dated 10.10.2007. Accused persons did not plead guilty and claimed trial.

(3.) Prosecution examined following oral witnesses in support of its case: <FRM>JUDGEMENT_50_LAWS(HPH)6_2015.html</FRM>