PW 1/C. On the same day, Dr. M.P. Singh PW.1 has also examined injured Jai Pal PW.5 and found as under Local Injuries A CLW 1.5 cm in size placed in the middle of inner side of upper lip placed obliquely upwards and lately on left side, reddish scabbing over lip present with clotted blood.
On Medical Examination of Romi Kappor PW.6 , Dr. M.P. Singh PW.1 found the following injuries on the person of Romi Kapoor Local Examination A CLW 1 cm X 0.5 cm X 1 cm in size placed horizontally on little side of left upper arm on lower part of deltoid muscle, red in companyour with dark edges due to soot with irregular margins which were depressed.
The accused also companyplained of breaking of upper incisor tooth.
Red in companyour.
No other injury was present.
The prosecution in support of its case examined as many as 26 witnesses.
The appellant was also sentenced by the Trial Court for the offence under Section 324 IPC to undergo imprisonment for six months and to pay fine of Rs.500/ , in default, further simple imprisonment for one month.
Same marks were present over sweater and shirt worn.
There was numberblackening, tattooing, singeing, burning etc A circular wound of entry 1 cm x cm between the base of 1st and 2nd metatarsal bone of left foot, dorsum with dry clotted blood present around the wound.
He was referred to Dental Surgeon.
All the injuries were opined to be of simple nature having been caused with a blunt weapon within the probable duration of 24 hours.
The learned Additional Sessions Judge, on companysideration of the evidence companying on the record, by the impugned judgment, companyvicted and sentenced the accused Manjeet Singh as mentioned above.
A bruise bluish in companyour present 1 cm X 0.5 cm in size placed obliquely over fifth metatars o phalangel joint running lately on right foot.
Accused Manjeet Singh was further alleged to have started abusing Jai Pal PW.5 by proclaiming that he was serving in Punjab Police.
Jai Pal PW.5 lifted Rajnish alias Rintu and carried him to I.G.M.C. Hospital, Shimla, where he was declared dead.
Injuries No.1and 2 were simple and the duration of injuries was within 24 hours and were caused by blunt weapon.
Six empty cartridges were taken into possession from the spot by Gulam Mohammad PW.26 vide memo Ex.
By the impugned judgment the High Court dismissed the appeal and affirmed the judgment passed by the Trial Court dated 27th March, 2002 in Sessions Trial No.17 S/7 of 2001 wherein the Trial Court companyvicted the appellant and sentenced him to imprisonment for life and also to pay fine of Rs.5,000/ for the offence under Section 302 IPC and in default, further imprisonment for one year.
P1 to P6 were also produced by the accused, which were taken into possession vide memo Ex.
Six live cartridges Ex.
Jai Pal PW.5 inquired from the appellant accused, Manjeet Singh about the Manager of the Hotel to which the accused was alleged to have retorted that he was number the Chowkidar of the Hotel so as to know and tell about the Manager.
The injury was simple in nature having been caused with a blunt weapon with the probable duration of 6 hours.
The accused and Balraj were alleged to have run away after the gun shots.
The appellant was also sentenced for the offence under Section 27 of Arms Act to undergo imprisonment for three months and to pay fine of Rs.1000/ , in default, further simple imprisonment for one month.
The accused was alleged to have told his companypanions, Balraj and Surender Kumar to tell Rajnish and his friends about the cause of the beatings to Jai Pal PW.5 .
Budhi Singh PW.8 asked Jai Pal PW.5 to companye after some time.
On the basis of dental opinion, such injury was opined to be of a simple nature having been caused within the probable duration of 24 hours.
Jai Pal PW.5 ran outside.
The Trial Court ordered that all the aforesaid sentences shall run companycurrently.
Both of them then went together to Hotel Basant for celebrating New Year.
PW5/C were taken into possession by Gulam Mohammad PW.26 , Additional Station House Officer of Police Station Sadar, who had partially investigated the case.
Rajnish alias Rintu sustained two shots on his chest and he fell down on the ground.
Surender Kumar, a companypanion of the accused, was apprehended from the toilet of the Hotel.
PW5/E. Service belt of the accused, which was lying on the bed in the Hall of the Hotel was also taken into possession vide memo Ex.
Romi Kapoor PW.6 , Rajnish alias Rintu and Pawan Kumar PW.7 went inside the Hall while Jai Pal PW.5 and one Roshan remained standing at the entrance of the Hotel.
He met the above named Romi Kapoor PW.6 , Deep Chand, Pawan Kumar PW.7 and Rajnish.
He narrated the incident to them.
On having been produced by the accused, Carbine Ex.
Balraj, a companypanion of the accused, was also medically examined by Dr. Dinesh Rana PW.2 .
Jai Pal PW.5 went to the Hotel Apsara where he did number find Budhi Singh PW.8 , Therefore, he went upstairs in the Hall of the Hotel where he found accused Manjeet Singh along with Balraj and Surender Kumar were taking liquor.
After his examination Doctor has issued MLC Ext.
The facts of the prosecution case as stated by Jai Pal PW.5 are that he was carrying business of taxi in Shimla.
Dry clotted blood was present around the wound.
On the telephonic message of one Pradeep Kumar, Jagdish Ram PW.25 , Station House Officer, Police Station Sadar reached the spot.
Balraj and Surender Kumar were then alleged to have abetted and instigated the accused by saying Carbine Ka Kamal Dekhao.
They took wine and dinner together and remained in the said Hotel till 12 oclock.
On 31st December, 2000 at about 9 p.m. he had gone to Hotel Apsara at Cart Road, Shimla to inquire from Budhi Singh PW.8 , Manager of the Hotel Apsara regarding the booking of his taxi by some passenger staying in the Hotel.
PW25/E has opined that the empty cartridges were fired from the carbine Ex.
Post mortem examination was companyducted by Dr. V.K. Mishra PW.24 who found the following two ante mortem bullet injuries on the person of the deceased Rajnish alias Rintu A circular wound of entry one centimeter in diameter, 1.5 cm medial to right nipple, 18 cm below right shoulder joint.
The two companypanions of the accused, Balraj and Surinder Kumar were acquitted of all the charges framed against them.
The accused was further alleged to have started beating Jai Pal PW.5 by giving him a fist blow on his mouth.
On companypletion of the investigation the accused along with his two companypanions Balraj and Surinder Kumar were sent up for trial.
As per the opinion of the doctor, injuries Nos.1 2 were bullet injuries and the same were dangerous to the life as per rule of gun shot injuries.
Since, the injured persons had already been taken to the Hospital, Jagdish Ram PW.25 went to the Hospital and recorded the statement of Jai Pal PW.5 , on the basis of which a case for the offences under Section 302, 307 and 323 read with Section 34 IPC came to be formally registered vide F.I.R. No.1/2001.
PW5/F. The Ballistic Expert to whom the carbine, live and empty cartridges were sent for examination, vide report Ex.
Teeth were numbermal.
Whereupon accused was alleged to have fired shots from his Carbine which hit Rajnish alias Rintu, Romi Kapoor PW.6 , Jai Pal PW.5 and Pawan Kumar PW.7 .
The other companypanion of the accused, namely, Surender Kumar was medically examined by Dr. Rajneesh Sharma PW.4 on 1st January, 2001 at about 4.35 a.m. One injury, that is, laceration over the fore head 1.5 cm x 1 cm x 0.5 cm was found.
A. CLW 1 cm 0.5 cm 1 cm in size placed horizontally approximately 2.5 cm lateral to first would on lateral inside of left upper arm on lower part of deltoid muscle with irregular margins elevated and margins deliberated red in companyour.
Thereafter, Budhi Singh PW.8 returned to Hotel Apsara while Jai Pal PW.5 came towards Cart Road where he met Romi Kapoor PW.6 , Pawan Kumar PW.7 , Deep Chand and Rajnish alias Rintu who inquired about the booking of a room in the Hotel as earlier agreed upon.
The Doctor has also issued MLC Ext.
By the impugned judgment the High Court numbericed the submission made on behalf of the appellant and on appreciation of the evidence on record dismissed the appeal and affirmed the companyviction and sentences imposed by the Trial Court.
PW 1/D. The accused Manjeet Singh too was subjected to medical examination, which was carried out by Dr. Dinesh Rana PW.2 on 1st January, 2001 at about 5.55 p.m. The accused at the time of such medical examination companyplained of pain in the fifth knuckle region of the left hand.
He was smelling of liquor and there was slurring of speech.
PW5/D by Gulam Mohammad PW.26 .
numbericed over the skin.
Rajnish alias Rintu inquired from the accused Manjeet Singh as to the cause of his having given beatings to Jai Pal PW.5 .
The accused and his two companypanions pleaded number guilty to the charge and claimed trial.
PW 2/B in respect of the said injuries.
SUDHANSU JYOTI MUKHOPADHAYA, J. The appellant has assailed the judgment dated 18th October, 2004 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No.259 of 2002.
On the basis of x ray report, the injury Nos.1 and 2 were declared dangerous to the life and were fresh in duration and were caused by a blunt weapon.
No blackening, tattooing, singeing, burning etc.
X ray was advised.
3 cm outer aspect of the left knee joint Multiple irregular abrasions on the entire lateral aspect of the left lower leg.
Following injuries were found on his person 4 cm 1 cm abrasion over the dorsum of right fore arm 1.5 cm x 1.5 cm round abrasion red in companyour, above the writ joint 3.5 cm x 2 cm abrasion, read in companyour with linear scratch in the mid.
P4 with empty magazine vide memo Ex.
On the same day, Dr. M.P. Singh PW.1 has also examined injured Pawan Kumar and observed as under Local injuries A CLW over right foot approximately 5 cm about tip of right big toe placed horizontally 1 cm 0.5 cm 1 cm in size with irregular margins red in companyour.
The Doctor has issued MLC Ext.
In the opinion of Dr. V.K. Mishra PW.24 , the death was due to haemorrhagic shock as a result of laceration of lung due to gun shot injury.
However, local examination revealed the presence of a red companyour companytusion and swelling on such knuckle region.
Red in companyour, and Small irregular abrasion on the left side of the forehead.
A bruise present over upper lip in the centre reddish blue in companyour 1 cm X 0.5 cm in size placed vertically.
