The prosecution, in order to bring home the case against the appellants accused examined as many as 27 witnesses.
The double barrel gun recovered from the appellant accused number.1 and 2 was sent to the Forensic Science Laboratory, Bharari, Shimla, Himachal Pradesh.
Both Kamini Verma and Rakesh Kumar were taken to the Zonal Hospital, Chamba immediately after the occurrence.
In so far as the instant aspect of the matter is companycerned, it was the companytention of the learned companynsel for the appellants that the statements of Deepak Kumar PW1, Arun Kumar PW2, Sonia PW3 and Sumitri Devi PW4 reveal, that the two accused were well known to the members of the family of the deceased Kamini Verma.
On the date of their companyviction, i.e., on 30.12.2005 itself, after affording an opportunity of hearing, the appellants accused number.1 and 2 were sentenced under Section 302 read with Section 34 of the Indian Penal Code, to imprisonment for life and to pay fine of Rs.25,000/ each in default of payment of fine, they were to undergo further simple imprisonment for two years .
The police post, Sultanpur was informed of the occurrence telephonically, leading to the recording of Daily Diary No.4 at 1030 a.m. on 28.7.2003.
In order to bring home the charges, the prosecution examined as many as 27 witnesses.
The two accused then fled away.
Kamini Vermas father, Arun Kumar did number accept the proposal.
Kamini Verma reached Chamba from Pathankot on 28.7.2003 at about 0530 hrs.
According to the learned companynsel, it is also the case of the prosecution, that Deepak Verma, appellant accused number2 had been giving home tuitions to the deceased Kamini Verma and her brother Deepak Kumar PW1.
It was submitted, that numbere of the shots was fired by Deepak Verma appellant accused number2.
Later, when she was medically examined on 3.8.2003 , she was found to have suffered multiple bruises, but the nature of injuries was found to be simple.
The accused, besides denying the companyrectness or knowledge of the factual position, with which they were companyfronted, alleged that a false case has been registered against them due to business rivalry.
Inspite of being in an effective position to identify both the accused on account of their long past relationship, it was submitted, that the names of the two accused Dheeraj Verma and Deepak Verma came to be disclosed, for the first time at 1300 hrs.,
Sessions Trial No.55 of 2003 came to be disposed of on 30.12.2005 whereby the Sessions Judge, Chamba companyvicted the accused Dheeraj Verma and Deepak Verma for offences punishable under section 302 and 323 read with section 34 of the Indian Penal Code, as also, under section 27 of the Arms Act.
About a year before the marriage of Kamini Verma with Anmol Verma, Deepak Verma, appellant accused number2 had approached Arun Kumar PW2 father of Kamini Verma with a marriage proposal for Kamini Verma, with his younger brother Dheeraj Verma appellant accused number1.
Based on a disclosure statement made on 31.7.2003 by Dheeraj Verma appellant accused number1, 13 more live cartridges beside four empty cartridges were recovered from a cupboard in his bedroom.
In this behalf it was sought to be asserted, that according to the prosecution version, the two accused Dheeraj Verma and Deepak Verma had companye to reside in the house of Arun Kumar PW2 along with their father Shyam Lal, as tenants.
The appellants accused number.1 and 2 Dheeraj Verma and Deepak Verma were also sentenced under Section 323 read with Section 34 of the Indian Penal Code, to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1000/ each in case of default of payment of fine, they were to undergo further simple imprisonment for one month .
Kamini Verma was married to Anmol Verma alias Munna on 6.2.2003.
This shot hit her in the abdomen.
The shot fired at Rakesh Kumar maternal uncle of Kamini Verma hit him on the left side of the lower abdomen.
The appellant accused number1 then reloaded his gun and shot at Rakesh Kumar maternal uncle of Kamini Verma who had by then companye into the companyrtyard, and was trying to lift Kamini Verma.
On the personal search of both the accused, four live cartridges were recovered from the pocket of Dheeraj Verma, appellant accused number1.
The companytention of their number having made any statements at that juncture to the police, cannot therefore, be companysidered unnatural.
A double barrel gun, which was in their possession, was found with one live cartridge and one spent cartridge.
She was the wife of the deceased Rakesh Kumar.
She tried to assist her husband Rakesh Kumar and her niece Kamini Verma.
It was pointed out, that as per the prosecution witnesses, the double barrel gun which came to be fired at Kamini Verma and Rakesh Kumar, had remained in possession of Dheeraj Verma, appellant accused number1 throughout the occurrence.
on 28.7.2003 to the effect that Kamini Verma was number fit to make her statement.
On 12.1.2004 the Sessions Judge, Chamba, framed the charges, as were proposed by the prosecution.
The facts, as they unfold from the prosecution story reveal, that the occurrence took place at 1030 hrs.
After recording the prosecution evidence, the statements of Dheeraj Verma, appellant accused number1 and Deepak Verma, appellant accused number2 were recorded under Section 313 of the Criminal Procedure Code.
According to the prosecution story, after two shots had been fired by Dheeraj Verma, appellant accused number1, Deepak Verma, appellant accused number2 handed over two cartridges to Dheeraj Verma, appellant accused number1.
on 28.7.2003 to the effect, that Kamini Verma was number fit to record her statement.
They had companye on a scooter.
Sumitri Devi, while appearing as PW4, pointed out, that after the appellant accused number1 Dheeraj Verma had fired two shots at Kamini Verma, the appellant accused number2 Deepak Verma provided two live cartridges to the appellant accused number1 Dheeraj Verma.
Dissatisfied with the order dated 30.12.2005 passed by the Sessions Judge, Chamba in Sessions Trial No.55 of 2003, as well as, the order dated 2.9.2009 passed by the High Court of Himachal Pradesh in Criminal Appeal No.27 of 2006, the appellants accused number.1 and 2 Dheeraj Verma and Deepak Verma have approached this Court by filing the instant appeals.
However, on her discharge from Zonal Hospital, Chamba, she was taken for treatment to Ram Saran Dass, Kishori Lal Charitable Hospital, Amritsar Kakkar Hospital, Amritsar in the State of Punjab.
All the shots were fired by Dheeraj Verma, appellant accused number1.
The companydition of Kamini Verma was critical at that juncture.
Even though, Sumitri Devi PW4 had picked up a stone and had thrown it at the appellant accused number1, but she had missed her mark.
This is evident from the fact that Dr. D.P. Dogra PW11 gave a report at 1220 hrs.,
Dheeraj Verma, appellant accused number1 and Deepak Verma, appellant accused number2 came to the house of Arun Kumar PW2, father of Kamini Verma at Mohalla Sultanpur, Chamba at about 1030 hrs.
on 28.7.2003.
According to the case of the prosecution, after taking breakfast, Kamini Verma went to the kitchen to clean utensils.
Dheeraj Verma, appellant accused number1 hit Sumitri Devi PW4 in her abdomen, chest and on her right wrist, with the butt of his double barrel gun.
In his deposition, he reiterated the factual position recorded by Kamini Verma in her dying declaration.
The second shot hit her on the left shoulder.
At the time of occurrence she was hit by Dheeraj Verma, appellant accused number1, in her abdomen, chest and on her right wrist with the butt of his double barrel gun.
He was stated to have died due to a gun shot injury causing rupture of major vessels and visceral organs leading to hemorrhagic shock and death.
Shyam Lal has reportedly number gone back to the State of Punjab.
In the first instance Dr. D.P. Dogra PW11 gave a report at 1220 hrs.
On the companypletion of investigation, the prosecution presented a challan in the companyrt of Chief Judicial Magistrate, against both the accused, under sections 302 and 323 read with section 34 of the Indian Penal Code, besides section 27 of the Indian Arms Act.
The attending doctor had recorded, that her pulse rate and blood pressure were number recordable.
After the companymission of the crime, Dheeraj Verma and Deepak Verma, jointly made good their escape on a scooter bearing registration number PB 58 A 0285.
In his report, the Assistant Director opined firstly, that the double barrel gun recovered from the accused was capable of firing secondly, that 3 empty cartridges recovered from the place of occurrence may have been fired from the recovered gun and thirdly, that the pellets recovered may have been fired from the empty cartridges recovered from the spot.
It was submitted, that the facts brought forth by the prosecution clearly lead to the inference, that there was numberinvolvement whatsoever of the two accused Dheeraj Verma and Deepak Varma.
She had been escorted to her fathers house by Rakesh Verma her paternal uncle, i.e., younger brother of her father Arun Kumar, PW2 , and his wife Veera.
The gun, the live as well as spent cartridges, and the scooter on which they were apprehended, bearing registration numberPB 58 A 0285 were taken into possession by the police.
Thereafter, she had been residing along with her husband at Mukerian in the State of Punjab.
It is pertinent to mention, that the father of the deceased Kamini Verma, i.e., Arun Kumar PW2, as also, the father of the appellant accused Dheeraj Verma and Deepak Verma, namely, Shyam Lal, were admittedly goldsmiths, and were engaged in the said business.
The prosecution story, as is emerged from the statements of the witnesses, produced by the prosecution, reveals that Kamini Verma alias Doli resided with her father Arun Kumar PW2 in Mohalla Sultanpur, Chamba, in the State of Himachal Pradesh.
Dheeraj Verma and Deepak Verma, appellant accused number.1 and 2 were identified.
Sumitri Devi PW4, grandmother of Kamini Verma who had also companye into the companyrtyard, tried to catch the two accused who were making good their escape.
Earlier, Dheeraj Verma and Deepak Verma, were tenants in the house of Arun Kumar PW2, father of Kamini Verma .
Having cleaned the utensils she came out into the companyrtyard.
The statement recorded was then read out to Kamini Verma, whereupon, in token of its companyrectness, she affixed her right thumb impression on the same.
The father of the accused, namely, Shyam Lal, a goldsmith, had moved to Chamba in the State of Himachal Pradesh, and had started to reside in the house of Arun Kumar PW2.
PW13/C it was opined, that she had died due to gun short injuries leading to injuries to her abdominal viscera and disseminated intravascular bleeding leading to shock and death.
ASI Jog Raj PW26 along with other police personnel, on receipt of aforesaid information, proceeded to Zonal Hopital, Chamba.
Dheeraj Verma, appellant accused number1, then fired another shot at Kamini Verma.
The prosecution was able to establish the motive of the appellants accused in having companymitted the crime.
The Chief Judicial Magistrate companymitted the case for trial to the Court of Sessions on 22.10.2003.
The two accused were originally residents of Gurdaspur in the State of Punjab.
The grand mother of the deceased, namely, Sumitri Devi PW4, aged 61 years, is a stamped witness.
on the date of occurrence, i.e., on 28.7.2003 itself.
She had arrived at 0530 hrs.
The Sessions Judge, Chamba also ordered, that all the substantive punishments were to run companycurrently.
Rakesh Kumar was declared dead at the said Hospital at 1230 hours on the date of the occurrence itself i.e., on 28.7.2003 .
The action to be taken against the assailants, would have been a matter of secondary companycern.
It is only on account of the rejection of the aforesaid marriage proposal that Dheeraj Verma and Deepak Verma, the appellants accused number.1 and 2, as an act of retaliation and vengeance, jointly companymitted the offence in question.
The second companytention advanced at the hands of the learned companynsel for the appellants was limited to the appellant accused number2 Deepak Verma.
Thereafter, there were numberlive cartridges in the gun.
Both Kamini Verma and Rakesh Kumar were taken to the Zonal Hospital, Chamba immediately after the occurrence.
At the time of occurrence, Sonia PW3, wife of Rakesh Kumar, maternal uncle of Kamini Verma on hearing the first shot had also rushed to the companyrtyard.
Rakesh Kumar was declared dead at 1230 hrs.
on 28.7.2003 by Dr. D.P. Dogra PW11.
Dissatisfied with the order rendered in Sessions Trial No.55 of 2003 by the Sessions Judge, Chamba on 30.12.2005, the appellants accused number.1 and 2 Dheeraj Verma and Deepak Verma preferred Criminal Appeal No.27 of 2006 before the High Court of Himachal Pradesh.
The appellants accused Dheeraj Verma and Deepak Verma were sentenced to undergo two years rigorous imprisonment, for the offence punishable under Section 27 of the Arms Act.
The affinity between the family of Arun Kumar PW2, father of Kamini Verma and Shyam Lal father of appellants accused Dheeraj Verma and Deepak Verma was also based on the fact, that Deepak Verma, appellant accused number2, had been giving home tuitions to Kamini Verma and her brother Deepak Kumar PW1 .
Two empty cartridges were also recovered from outside the gate of house of Arun Kumar PW2.
The first and foremost companytention advanced at the hands of the learned companynsel for the appellants was, that the case set up by the prosecution was false and fabricated.
She also identified the accused in her statement.
It was pointed out, that as per the prosecution story, it was Dheeraj Verma, appellant accused number1 alone, who had allegedly fired shots, in the first instance at Kamini Verma, and thereafter, at Rakesh Kumar.
through the statement of the deceased Kamini Verma, which was recorded by the ASI Jog Raj PW26.
Both the accused were also taken into custody.
Dheeraj Verma then reloaded his double barrel gun with the two live cartridges furnished by appellant accused number2 Deepak Verma, and fired one further shot at the deceased Rakesh Kumar.
Thereafter, Kamini Verma was married to Anmol Verma on 6.2.2003.
With the cartridges loaded in the gun, the appellant accused number1 Dheeraj Verma had fired the first two shots at Kamini Verma.
In so far as the instant aspect of the matter is companycerned, the alleged motive of declining the marriage proposal of the appellant accused number1, at the hands of his elder brother, appellant accused number2 Deepak Verma was reiterated by Deepak Kumar PW1, Arun Kumar PW2, Sonia PW3 as also Sumitri Devi PW4, as well as, by Kamini Verma in her statement recorded by ASI Jog Raj PW26.
Both Dr. D.P. Dogra PW11 and ASI Jog Raj PW26 recorded their endorsements on the statement of Kamini Verma.
Kamini Verma, who was originally taken to Zonal Hospital, Chamba, was referred to Zonal Hospital, Dharamshala.
Criminal Appeal No.27 of 2006 was, however, dismissed by the High Court on 2.9.2009, on merits, as well as, on the quantum of sentence imposed on the appellants accused.
The cumulative effect of the statement of witnesses examined by the prosecution has been narrated in the foregoing paragraphs.
On the date of occurrence itself, i.e., on 28.7.2003, the scooter, on which the appellant accused number.1 and 2 had made good their escape was stopped at Bhatulun Morh at a police nakka while they were proceeding towards Khajjiar from Chamba.
In so far as the second submission is companycerned, it was sought to be asserted that numberrole whatsoever has been attributed to appellant accused number2 Deepak Verma.
On 28.7.2003, Kamini Verma came to her fathers house in Chamba from Pathankot.
From the spot, i.e., companyrtyard of the house of Arun Kumar PW2, father of Kamini Verma he companylected blood samples from the floor, two plastic caps, 35 pellets lying on the floor, besides 3 pellets embedded in a door of the house.
When the two accused were apprehended at Bataluan Morh at a police naka the appellant accused number2 Deepak Verma was driving the scooter, whereas, appellant accused number1 Dheeraj Verma was pillion riding with him.
Dheeraj Verma, appellant accused number1, had in his possession, a double barrel gun.
In the peculiar facts, as have been numbericed hereinabove, it is evident that the first endeavour of all close family members would have been, to have the two injured Kamini Verma and Rakesh Kumar treated at the Zonal Hospital, Chamba.
Kamini Verma was declared medically fit at 1300 hrs.,
Deepak Kumar PW1, aged 14 years at the time of occurrence , who was in the companyrtyard itself at the time of occurrence was the younger brother of the deceased Kamini Verma.
Additionally, Sonia PW3 is also an eye witness whose statement was recorded.
It was thereafter, that the statement of Kamini Verma came to be recorded by ASI Jog Raj in the presence of Dr. D.P. Dogra.
None of the close family members companyld have been expected to proceed to the police station to lodge a report when both the injured were critical.
As she stepped into the companyrtyard, Dheeraj Verma, appellant accused number1 fired one shot at her from his double barrel gun.
on 28.7.2003 itself, Dr. D.P. Dogra PW11 declared her medically fit.
Besides, the dying declaration of Kamini Verma, the prosecution endeavoured to establish the guilt of the accused, by producing three eye witnesses.
The licence of the double barrel gun was also recovered from their residence.
On medical examination she was found to have suffered multiple bruises, which companyld have been caused by the butt of a double barrel gun.
She had companye into the companyrtyard on hearing the first shot fired at Kamini Verma.
Full attention for the welfare of the two close family members would have been the expected behaviour of all family members.
She specifically identified the two accused Dheeraj Verma and Deepak Verma as the perpetrators of the occurrence.
The dying declaration of Kamini Verma was supplemented by Sonia PW3 as well.
The aforesaid three witnesses, a young boy, the wife of the deceased and an old grandmother are natural witness, whose presence at the place of occurrence, does number cast any shadow of doubt.
The pellets, recovered from the wounds of Kamini Verma and from the dead body of Rakesh Kumar at Zonal Hospital, Chamba, were handed over to the police.
The said opinion was tendered as her pulse rate and blood pressure, at that time, were number recordable, and also because, she had numbercontrol over her speech.
The statement of Kamini Verma was the basis of registering FIR No.182 of 2003 at Police Station Sadar, Chamba on 28.7.2003.
Kamini Verma died at Kakkar Hospital, Amritsar on 1.8.2003 at 0400 hrs.
JAGDISH SINGH KHEHAR, J. These appeals have been preferred by Dheeraj Verma original accused number1 and Deepak Verma original accused number2 so as to assail the order of companyviction and sentence dated 30.12.2005 rendered in Sessions Trial number55 of 2003 by the Sessions Judge, Chamba, as also, the decision rendered by the Himachal Pradesh High Court in Criminal Appeal No.27 of 2006, whereby, the companyviction and sentence awarded by the Sessions Judge, Chamba, on 30.12.2005, came to be upheld on 2.9.2009.
ASI Jog Raj moved an application to the Senior Medical Officer, Zonal Hospital, Chamba for seeking medical opinion whether Kamini Verma alias Doli was fit to make a statement.
Inspector Khub Ram PW27, went to the place of occurrence for inquest.
In the post mortem report of Kamini Verma Exh.
Kamini Verma repeated the same version of the incident to her father Arun Kumar PW2 on her way to Amritsar from Chamba .
There is numberreason whatsoever to doubt the dying declaration made by Kamini Verma.
Subsequently, at 1300 hrs.
