DAYA KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal, by grant of special leave, is directed against judgment dated August 21, 2006, rendered by Division Bench of High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 277-DB of 2004, whereby the High Court has dismissed the appeal filed by the appellant and confirmed judgment dated January 19, 2004, passed by the learned Sessions Judge, Sonipat in Sessions Case No. 21 of 1999/2003 convicting the appellant (1) under Section 302 read with Section 149 of Indian Penal Code (IPC) and sentencing him to R.I. for life and fine of Rs. 3,000/- in default R.I. for two years, (2) under Section 307 read with Section 149 IPC and sentencing him to R.I. for seven years and fine of Rs. 2,000/- in default R.I. for one year, (3) under Section 323 read with Section 149 IPC and sentencing him to R.I. for one year and (4) under Section 148 IPC and sentencing him to R.I. for two years.

(2.) The facts emerging from the record of the case are as under:

(3.) The Investigating Officer recorded statements of the witnesses, who were found to be conversant with the facts of the case. Inquest was held on the dead body of the deceased and arrangements were made by the ASI for conducting post mortem examination on the dead body of the deceased. On completion of the investigation the appellant and three other accused were charge-sheeted in the court of learned Judicial Magistrate, First Class, Gohana for commission of offences punishable under Sections 148, 149, 323, 307 and 302 IPC as well as Sections 27, 54 and 59 of Arms Act. As the offences punishable under Sections 307 and 302 IPC are exclusively triable by Court of Sessions, the case was committed to Sessions Court, Sonepat for trial. In the Charge-sheet it was mentioned that accused Sat Narayan was absconding and declared proclaimed offender. Subsequently, he was arrested and a supplementary challan was submitted resulting into registration of Sessions Case No. 122 of 1999.