MANKE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The incident which gives rise to this appeal took place on 17th of November, 1993 at the residential part of the appellants quarters in Sangatpura where the appellant was In-charge of the Police Post. At about 9.30 p.m. on that day, the appellant came back from his duty at that time it is stated that Suraj Mal the deceased who was a Head Constable in the Sangatpura Police Outpost was standing near the quarters of appellant in the company of his nephew PW-5. On seeing them the appellant invited the deceased for a drink in his room. Therefore, the deceased went with the appellant to his room leaving PW-5 outside. It is an admitted case that while appellant and Suraj Mal were drinking in his room at about 9.45 p.m., PW-5 Raj Pal went into the room and asked Suraj Mal to get up so that they could have their dinner. Suraj Mal acceded to this request, because of which the appellant got annoyed and abused the deceased in filthy language to which the deceased objected, which further annoyed the appellant and he picking his service revolver fired two shots at Suraj Mal, hitting him on the right side of the neck and left side of his thigh. The prosecution case further proceeds by stating that the two of them grappled with each other and came outside the room. On hearing the sound of gun shots, PW-6 Satbir Singh, PW-9 Constable Hari Ram and Ram Kumar, came rushing out and over-powered the accused and snatched the weapon. Soon after Suraj Mal succumbed to the injuries suffered by him. It is further stated that on receiving a wireless message at Police Station, Kaithal, PW-10 Inspector Sube Singh accompanied by a police party reached Police Post at Sangatpura and recorded the statement of PW-5 (Raj Pal) at 11.50 p.m. and registered the FIR at 12.15 a.m., on November 18, 1993 for an offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The accused was arrested and after completion of the investigation was charged for the above said offences before the Additional Sessions Judge, Kaithal who after trial came to the conclusion that the prosecution has established its charge against the appellant, hence, convicted him for an offence punishable under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default of payment of fine, to suffer further RI for two months. He further sentenced the appellant for an offence punishable under Section 27 of the Arms Act and to pay a fine of Rs. 1000/-, in default of payment of fine to suffer further RI for one month and directed the substantive sentences to run concurrently.

(2.) In appeal, the High Court of Punjab and Haryana has confirmed the said judgment of the Additional Sessions Judge by dismissing the appeal.

(3.) It is consequent to the said judgment of the High Court, the appellant is before us in this criminal appeal.