RAI SAHEB Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ('tada Act' for short). There are five appellants. All of them were tried for offences punishable under S. 302/149/148 and 404 Indian Penal Code and S. 25, 27, 54 and 59 of the Arms Act and Section 6 of the TADA Act. The Designated court convicted all of them under Section 148 Indian Penal Code and sentenced each of them to undergo one year's RI and under S. 302/149 they were sentenced to undergo imprisonment for life. They were also convicted under S. 25, 54 and 59 of the Arms Act and Section 6 of the TADA Act and sentenced to three years' RI. The sentences were directed to run concurrently. The prosecution case is as follows.

(2.) The accused, the deceased Sahi Ram and principal witnesses belong to village Chinder in Hissar District. The deceased was the Chairman of Land Mortgage Bank and he was having a gun licence also. Lakhpati, Public Witness 5 was his wife and they. had four sons. Praveen, Public Witness 6 is one of their sons. Among the accused Rai Sahab, A-1 and Raja Ram, A-4 are brothers. Bhajan Lal, A-2 is the brother-in-law of A-1 and A-4 having married their sister. He belongs to adifferent village. Raja Ram, A-3 and Mohinder, A-5 are their associates. There was enmity between the accused and the deceased because of some incidents that took place earlier. It is alleged that one Manphool, uncle of A-3, received bullet injury. One of the sons of the deceased and others figured as accused in that case and the case was pending. On 1/05/1987, the day of occurrence, at about 8 a. m. the deceased wen, to Fatehabad and he carried his licenced gun with him. Public Witness 5 went along with him to purchase clothes for her daughters and Public Witness 6, the son of the deceased also followed them. At about 5.15 p. m. the deceased, PWs 5 and 6 boarded the bus at Fatehabad Bus Stand for going back to the village. In the bus they were sitting on the seat near the back window. Bhagirath and Haru residents of village Chinder were also in the same bus. The bus stopped at the turning point of the factory located in village Badopal. At that place all the five accused also boarded the bus. Accused 1, 3 and 4 were armed with guns and A-5 was armed with a country-made pistol. The bus started and covered a distance 3/4th of a kilometre towards village Chinder. At that stage, accused 1, 2, 4, and 5 came towards the deceased. In the meantime the bus stopped. A-2 took the deceased in his grip and threw him on the ground from the back window of the bus. In that process, the gun carried by the deceased also fell on the ground. Thereafter accused 1, 3 and 4 who were carrying guns with them and A-5 who was carrying a pistol with him fired at the deceased with their respective weapons. The deceased died on the spot. The occurrence was witnessed by PWs 5 and 6 as well as Bhagirath and Haru. A-2 took away the gun of the deceased and all the other accused left the place. Public Witness 6 and the other two persons went to the house of the deceased to inform the other sons and members of his family. After about 1 1/2 hours Suresh, son, Jagdish, son-in- law and Khaili Ram, elder brother of the deceased arrived at the spot on a tractor. Then in the same tractor Public Witness 5 along with Suresh went to police station, Fatehabad and gave the first information report Ex. PB to Public Witness 13, Raj Singh, the Inspector of Police. Public Witness 13 in the company of Public Witness 16, ASI Bhana Ram and a constable proceeded to the spot picking up a photographer Public Witness 14, Satish on the way. They reached the scene of occurrence and found that the dead body was lying somewhere near the road and photographs of that place were taken. The Inspector collected the blood-stained earth and also recovered some metal pieces and other articles. He held the inquest and the dead body was sent for post-mortem. Public Witness 9 Dr A. S. Chaudhary, who conducted the post-mortem, found six firearm injuries and he gave the opinion that the deceased met his instantaneous death due to these injuries. The Inspector searched the house of the accused and found them to be absconding. On 17/05/1987 he arrested accused 1, 2 and 5 and recovered a single barrel gun from A-1 and also recovered a pistol from A-5 and at the instance of A-2 after interrogation he recovered a gun belonging to the deceased which was taken away and concealed. On 22/05/1987 he arrested A-3 and A-4. From A-4 he recovered a gun of. 315 bore and from A-3 another gun was recovered. The recovered guns, pistol and other materials were sent to the ballastic expert and his opinion also was obtained. After completion of the investigation, the charge-sheet was laid.

(3.) The prosecution examined 16 witnesses. Bhagirath and Haru who were present in the bus, however, were not examined. The case mainly rested on the evidence of PWs 5 and 6, the eyewitnesses. The accused pleaded not guilty. The accused in their defence examined one Chellu Ram, Patwari, DW I who provedcopy of the Akash Musaal Ex. DC. We have examined the evidence of this defence witness which is of no assistance to the accused. The learned Additional Judge of the Designated court accepted the evidence of PWs 5 and the medical evidence and also the recoveries and convicted the accused.