SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) On the charge of murder of one Vishal Goel, Sandeep (A1), Arun Bhatia (A2), Vikram Singh (A3), Mandeep (A4) and one juvenile Aman were prosecuted. Trial of juvenile was separated. The Additional Sessions Judge, Faridabad by judgment and order dated 22nd November 1996 in Sessions case No. 10 of 1995 convicted all the four accused for the offence punishable under Section 302/34 and sentenced them to suffer imprisonment for life and a fine of Rs 1000/- each, in default of payment of fine to further undergo RI for six months each. He also convicted the accused for the offence punishable under Section 201/34 IPC and sentenced them to undergo RI for five years and to pay a fine of Rs. 300/- each in default of payment of fine to further undergo RI for three months each. Both the sentences were directed to run concurrently.

(2.) Against the said judgment and order, Sandeep (A-1) preferred Criminal Appeal No. 49-DB of 1997, Arun Bhatia (A-2) filed Criminal Appeal No. 93-DB of 1997, Vikram (A-3) filed Criminal Appeal No. 48-DB of 1997 and Mandeep (A-4) preferred Criminal Appeal No. 616-DB of 1996 before the High Court of Punjab and Haryana at Chandigarh. V. K. Goel, complainant and father of the deceased also filed Criminal Revision No. 199 of 1997 praying for enhancement of sentence. The High Court re-appreciated the evidence and considered the circumstances connecting the accused with the crime. The High Court disbelieved the evidence of PW6 Gulshan Kumar that he saw the deceased and accused quarrelling near Kesar Hotel and that he separated them as in his previous statement he had not stated that he enquired the names of those boys from them. The High Court held that even if the said evidence is ruled out of consideration, it will make only motive in the case behind the killing of Vishal absent. However, the Court relied upon the evidence of PW9 Laxmi Narain on the ground that Sandeep was known to him earlier and that Vikram. Aman and Sandeep went to the house of Laxmi Narain in expectation that he was having association with the complainant V. K. Goel so he would be able to help them in the investigation or in the trial. The Court relied upon the evidence of PW11 Manish Sharma for arriving at the conclusion that the accused and the deceased were last seen together. Manish also gave motor-cycle number as HR-29 E/3698. The Court also relied upon the evidence of PW7 Bankey Lal who after some time saw motor-cycle and scooter coming at fast speed. On the motor-cycle, he saw Sandeep, Aman and Arun. Arun was driving the motor-cycle and Sandeep was having sword in his hand. He also saw Mandeep driving the scooter and Vikram sitting on its pillion. On the basis of the information. V. K. Goel along with Manish Sharma, Bhuneshwar and Bankey Lal went in search of Vishal and when they reached near Gurgaon canal they found a pair of chappal of brown colour belonging to deceased. One locket belonging to the deceased was also found lying there. At the instance of accused Sandeep, bloodstained sword and clothes were recovered. Similarly, at the instance of accused Vikram, motor-cycle was recovered and also bloodstained clothes containing human blood as reported by the Chemical Analyst were found. Considering the aforesaid circumstances, the Court arrived at the conclusion that the prosecution has successfully brought home beyond pale of doubt against Vikram and Sandeep the charge of murder of Vishal Goel on 15th March, 1995 in furtherance of their common intention. However, the Court arrived at the conclusion that there was no evidence of recovery so far as Mandeep and Arun were concerned and only evidence that they were last seen in the company of deceased would not alone be sufficient to convict them.

(3.) The High Court by the impugned judgment and order dated 28th April, 1999 dismissed the Criminal Appeal Nos. 48 and 49-DB of 1997 filed by Sandeep (A-1) and Vikram (A-3) and confirmed their conviction. The Court partly allowed the Criminal Revision No. 199 of 1997 filed by the complainant V. K. Goel for enhancement of sentence and enhanced the fine in respect of Sandeep (A-1) and Vikram (A-3) to Rs. 25,000/- each for the offence punishable un-der Section 302/34 IPC and to Rs. 5,000/- each for the offence punishable under Section 201/34 IPC. In default of payment of fine, they were further directed to undergo RI for one year and six months respectively. The Court allowed Criminal Appeal No. 93-DB of 1997 and Crl. Appeal No. 616-DB of 1996 filed by Arun Bhatia (A-2) and Mandeep (A-4) respectively and acquitted them for the offences for which they were charged.