BALKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal was preferred by A-1 to A-4 in which A-10 is the Appellant was listed along with Criminal Appeal Nos. 1005 of 2010, 992 of 2010, 986 of 2010 and SLP (Crl.) No. 270 of 2009. All the above appeals were taken up for hearing together. Mr. Sushil Kumar, learned Senior Counsel appearing for the Appellant herein submitted that A-1 to A-4 having served their sentence, nothing survived in their appeals and, therefore, the said four appeals were dismissed as having become infructuous. The present appeal filed by A-10 was, therefore, heard. A-10 was convicted for the killing of one Satinder Sekhon of Ambala in conspiracy with A-1 to A-4 for the offences Under Section 120B read with Section 302 of the Indian Penal Code (hereinafter referred to as 'Indian Penal Code').

(2.) The brief facts which are required to be stated are that the deceased was the owner of a petrol pump which he started on 08.03.1992. The occurrence took place on 16.07.1994 at 11.30 a.m. On that day the deceased went to Dhillon Service Station, another petrol pump along with his brother Harinder Singh Sekhon (PW-22) and an employee by the name of Surjit Singh (PW-25). They travelled in a Maruti Car bearing Registration No. HNA 7878. The deceased went to the said petrol pump, which was owned by Ravinder Singh Dhillon (PW-23) who was an eye witness to the occurrence for making payment for the mobil oil which he purchased from there. The deceased along with his brother was sitting inside the cabin of the petrol pump and was conversing with PW-23. A-1 to A-4 i.e. Gurdev Singh, Sohan Singh, Naib Singh and Vakil Singh went to the said petrol pump in a Maruti 800 bearing fake Registration No. CHO1-J-9846 (real Registration No. HR-34-0010) owned by Swaran Singh (PW-36). Two of them asked for petrol and when they were told that the petrol was out of stock, the said two persons went inside the office cabin and asked for some coolant. While PW-23 was requesting the salesman Rajneesh Kumar Dutta (PW-24) to give the coolant, one of the two intruders who was armed with a knife started stabbing the deceased while the other one caught hold of the deceased from behind. In the meanwhile, the two other occupants of the car, one of whom was armed with a gun and another with a danda, also entered the office cabin and the one who was holding a gun posed a threat not to raise any alarm and one of them remarked that the deceased had been taught a lesson for running the petrol pump. The deceased collapsed and the four assailants escaped in the car in which they had come. The murder was thus witnessed by PWs-22, 23, 24 and 25. The FIR was registered on the same day i.e., 16.07.1994 at 2 p.m. for the offence Under Section 302 read with Section 34 of the Indian Penal Code without making a mention to any names in it.

(3.) On 22.07.1994, A-1 to A-4 surrendered. On 24.07.1994, Inspector Rishal Singh (PW-53) arrested A-5, A-6, A-7 and A-8 i.e. Balkar Singh Gujjar, Gulzar Singh, Mangal Singh and Jasbir Singh. On 27.07.1994, Appellant (A-10) and Kamaljit Singh (A-11) were arrested by PW-53. On 23.07.1994, Dalbir Singh (A-9) surrendered. On 29.07.1994, Faquir Chand (A-12) was arrested and on 08.08.1994, the case was handed over to the Central Bureau of Investigation (hereinafter referred to as 'CBI'). The CBI commenced their investigation on 09.08.1994. Subsequently, Darshan Singh (A-13) was arrested on 15.08.1994. On 22.10.1994, Nirmal Singh (A-14) surrendered. In the meantime, on 15.10.1994, the charge-sheet was filed. Altogether 14 accused were charged for the offences Under Sections 120B, 302 read with Section 34, Indian Penal Code. There were offences against some of the accused under the Arms Act, 1959 as well as Under Section 201, Indian Penal Code. The trial Court convicted A-1 to A-4, A-10 and A-11 for the offences Under Sections 120B and 302 read with Section 34, Indian Penal Code. The rest of the accused, including A-14, were acquitted of the charges Under Section 120B as well as Section 302 read with Section 34, Indian Penal Code. A-1 to A-4, A-10 and A-11 preferred Appeals before the High Court in Criminal Appeal Nos. 327 DB of 1997, 283 DB of 1997 and 295 DB of 1997. The appeal preferred by A-10 was Criminal Appeal No. 293 DB of 1997 and the one filed by A-11 was Criminal Appeal No. 304 DB of 1997. The State through CBI filed Criminal Appeal No. 428 DBA of 1997, as against the acquittal of A-14 and five others. The Criminal Revision No. 575 of 1997 was filed by the complainant PW-22 against the acquittal of A-14 and thirteen others.