RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has been convicted by the learned Judge of the Designated court, Bhiwani for an offence under Section 307, Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rs 50,000. 00, in default of payment of fine to further imprisonment for three years. He has also been convicted under Section 3 of the Terrorists and Disruptive activities (Prevention) Act, 1987 (hereinafter referred to as the TADA Act) and sentenced to suffer rigorous imprisonment for five years and to pay a fine of rs 1,000. 00 and in default to further imprisonment for one month. He has also been convicted for an offence under Section 6 of the TADA Act read with Section 27 of the Indian Arms Act and sentenced to suffer rigorous imprisonment for five years and to a fine of Rs. 1,000. 00 and in default of payment of fine to undergo further imprisonment for one month. Substantive sentences for offences undersections 3 and 6 of the TADA Act read with Section 27 of the Indian Arms Act were directed to run concurrently but the same were to run consecutively with the substantive sentence for the offence under Section 307 of the Indian Penal code. A further direction was also given to the effect that fine. if recovered, shall be paid to the injured, as compensation. The appellant has challenged his conviction and sentence through this appeal under Section 19 of TADA Act

(2.) The prosecution case is that Shri Banarsi Das Gupta, a former Chiefminister of Haryana was the Chief Guest at a function held on 23/9/1990 on theoccasion of the celebration of Maharaja Aggrasain Jayanti. The function washeld in the area of new grain market at Bhiwani. While Shri Banarsi Dasguptawas seated on the stage on a sofa along with Shri Mool Chand Jain, a formerfinance Minister of Haryana and Shri P. D. Makharia, an industrialist ofbhiwani, the appellant appeared from the left side of the stage holding a pistol in his right hand and on coming in front of Shri Banarsi Das Gupta, fired at him from a close range, injuring him on the right side of his chest. Ram Narain, PW 18 who was standing nearby rushed towards the appellant and caught him. Ram roop, Public Witness 19 who was also present nearby also caught the appellant and made him to fall on the ground. After the appellant was overpowered, the pistol was snatched from him by Pawan Kumar. On the arrival of the police within 15 minutes of the occurrence, the pistol was handed over to the police and the appellant was also taken into custody by Hukum Singh, Inspector

(3.) On receipt of the injury, Shri Banarsi Das Gupta fell into the lap of Shri p. D. Makharia. The injured was removed to the Civil Hospital, Bhiwani. After providing him medical aid, he was referred to the Medical College Hospital at rohtak. The injured was medically examined and the medico-legal report Ex. P- b, indicating the injuries which were found on the person of Shri Banarsi Das Gupta, was filed in the court. According to the medico-legal report, there was an entry and exit wound of the bullet on the right side of the chest with corresponding hole in the shirt Ex. P-l and baniyan Ex. P-2. The injury was described by Dr K. D. Sharma as dangerous to life. Dr M. S. Shekhon, Public Witness 4 associate Professor of Surgery in the Medical College Hospital, Rohtak treated shri Banarsi Das Gupta along with Dr Sanjay Narula, and Dr M. M. Lal. Dr Nalin Sharma, Public Witness 21 who radiologically examined Shri Banarsi Das Gupta found fracture of the sixth and tenth ribs on the right side of his chest. The report of the Radiologist Ex. P-AA was filed in court