PAPPU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is at the instance of A2, directed against the Division Bench judgment of the High Court of Punjab and Haryana at Chandigarh dated 17.7.2007 in Criminal Appeal No. 720-DB of 1997. The said common judgment was rendered in the said appeal along With Crl. A. No. 167-DB of 2001 preferred by A1/Anil Kumar @ Chaudhary Behl. We are here concerned With A2, inasmuch as there is No appeal at the instance of A1. We are, therefore, confining our consideration only as regards the appellant/A2.

(2.) According to the prosecution A1 was jointly carrying on business of supplying labour along With the deceased and that the deceased owed some money to him, that a week prior to 27.11.1993 both the accused alleged to have visited the house of the deceased/Vijay Kumar and demanded for the share that was due to A1. The deceased stated to have taken the stand that Nothing was payable to A1. On 26.11.1993, both the accused stated to have again approached the deceased/Vijay Kumar and demanded for payment, when Rakesh Kumar-PW.8, brother of the deceased, was also present. On that day, when the deceased again refused to make any payment, both the accused stated to have left the place With a warning that they would teach a lesson to him. On 27.11.2013, at 12.30 No on, PW.6 stated to have gone to the house of the deceased/Vijay Kumar for hiring some labour for his mill when he was told that the deceased had gone to the barber shop, he went to the barber shop of PW.7, where the Maruti car of the deceased was found parked. As the deceased was sitting inside the shop, PW.6 stated to have come out of the shop and was talking to one Lal Chand Chhabra, who was Not examined in this case. According to PW.6, who gave the information to the police under Exhibit PH, two boys, one of wheatish complexion, active body and young age and the pillion rider, who was stout and heavy With a beard of about 5'9' height arrived at the shop, that while the ignition of the scooter was on and the person who was driving the scooter was sitting on the seat, the pillion rider went inside the shop of PW.7 and told the deceased that though he escaped last time, today he would Not be spared and so saying fired a shot at the deceased, who fell down on the ground along With chair. PW.6 further stated that when he along With Lal Chand Chhabra tried to overpower the assailants they fled away after threatening them. It was also stated that one Rakesh Kumar Miglani also arrived at the scene of occurrence as well as Dr. Chander, who after examining the deceased/Vijay Kumar declared him dead.

(3.) The Exhibit PH of Om Prakash was recorded by PW.10/Sub Inspector which was completed by 2.30 P.M. and after making his endorsement in Exhibit PH as Exhibit PH/1, PW.10 forwarded the same to the Police Station, City, Panipat for registration of the case. The FIR (Exhibit PH/2) was recorded by the Sub Inspector, Ranjit Singh (Not examined) and the Special Report was forwarded to the Ilaqa Magistrate by 6.25 P.M. Based on the above reporting by PW.6, which occurred on 27.11.1993 by 12.30 No on, the arrest of A2 came to be made by PW.11 on 7.2.1994. According to the prosecution, A1 was a proclaimed offender and was also absconding in this case, who came to be arrested only after the conviction of the appellant herein.