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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SURINDER SINGH, J.
Sarwan Singh Alias Lalu - Appellant
Versus
State of Himachal Pradesh - Respondent
Criminal Appeal No. 473 of 2011
Decided On : 17-08-2012
Indian Penal Code - Culpable Homicide - Section 304-II, Indian Arms Act - Section 27
Fact of the Case:
The appellant was convicted under Section 304-II of the Indian Penal Code and Section 27 of the Indian Arms Act for causing the death of the deceased by firing a gun. The witnesses turned hostile but admitted the presence of the deceased and the accused at the scene. The accused denied the circumstances and alleged accidental firearm shot. The trial court convicted and sentenced the accused based on the proved circumstances.
Finding of the Court:
The court found that the accused was connected to the offense under Section 304-II of the Indian Penal Code and Section 27 of the Indian Arms Act. The court reduced the substantive sentence of imprisonment from five years to three years, and ordered the sentences to run concurrently. The accused was also directed to deposit compensation to the legal representative of the deceased.
Issues: Presence of the accused and deceased, witness hostility, circumstantial evidence, admissibility of evidence, intention to kill, self-protection defense, prosecution sanction
Ratio Decidendi: The court considered the circumstantial evidence, including the recovery of the gun and cartridges, the medical evidence, and the defense's lack of credibility. It held that the accused was connected to the offense under Section 304-II of the Indian Penal Code and Section 27 of the Indian Arms Act. The court also discussed the admissibility of evidence and the requirement of prosecution sanction.
Final Decision: The appeal was dismissed, and the accused's sentence was modified. The accused was directed to deposit compensation to the legal representative of the deceased.
JUDGMENT :
Surinder Singh, J.
The present appeal has been preferred by the appellant feeling aggrieved and dissatisfied by the judgment of conviction and sentence passed by the learned trial Court u/s 304-II of the Indian Penal Code and Section 27 of the Indian Arms Act, whereby he has been sentenced to undergo the imprisonment under each of the Sections as follows:--
(ii) PW-3 Som Dutt arranged for the cot, on which the injured was put and taken to his house. On seeing his condition immediately he was being taken to CHC Hajipur, but on the way, he expired.
(iii) PW-6 Rajinder Singh informed police telephonically, which information was recorded in the daily diary, copy of which is Ext. PW-15/A.
(iv) PW-20 Inspector Karam Singh reached hospital at Hajipur where PW-1 Karnail Singh got recorded his statement Ext. PW-20/A u/s 154 of the Code of Criminal Procedure, which culminated into FIR Ext. PW-20/C. Thereafter, he prepared inquest papers Ext. P-1 and Ext. P-2, took photographs Ext. PW-12/1 to Ext. PW-12/6 of the dead body and moved an application Ext. PW-14/A for the post-mortem of the deceased.
(v) PW-14 Dr. Parveen Kumar conducted autopsy of the dead body in Civil Hospital, Nurpur on 23.11.2010 alongwith Dr. Amod Kumar Singh and noticed about 77 pellet wounds on the left thigh and 13 pellet wounds on the left hand. Two cap like structure wads and 4 pellets were recovered from the said wound, sealed and sent for ballistic examination. The X-ray of thorax, abdomen, left heap joint and left hand were conducted and sent for radiological opinion. In the opinion of the doctor, the probable cause of death was gun-shot injury leading to severe hemorrhagic shocks and death. The viscera sent to FSL did not show any poison or narcotic contents as per report Ext. PCC. The final opinion remained the same on receipt of the report of the radiologist and examination of the gun and empty cartridge by the ballistic expert. The post mortem report is Ext. PW-14/C and the final opinion is Ext. PW-14/D.
(vi) On 23.11.2010, PW-20 Inspector Karam Singh had visited the spot and prepared Site Plan Ext. PW-20/D. He also took photographs of the spot and recovered a blood stained shoe Ext. PW. 3/A vide memo Ext. PW-2/A.
(vii) The accused was arrested on 22.11.2010. During interrogation, he made the disclosure statement Ext. PW-9/A and got recovered his gun licence Ext. P-3 and two live cartridges Ext. P-5 and Ext. P-6 vide memo Ext PW-10/A in the presence of PW-10 Sukha Singh and Harbans Singh. He also got his gun Ext. P-9 and one empty cartridge Ext. P-10 from his residence vide memo Ext. PW-10/B in the presence of the aforesaid witnesses, which were sealed and sent for forensic examination. As per the report Ext. PDD, the left barrel of the gun Ext. P-9 was fired through and the empty cartridge Ext. P10 aforesaid was also fired from the left barrel of the said gun Ext. P-9. The pellets and air cushion wad were also opined to be of.12" bore ammunition.
2. After completing the investigation, the challan was presented in the learn
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