ANWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The six appellants along with five other accused persons (since acquitted) were put up for trial before the Additional Sessions Judge, Gurgaon for offences punishable under S. 148, 302/149, 323/149 and 120-B of the Indian Penal Code for conspiracy, rioting, committing the murders of Chao Khan and Baddal and causing injuries to Isrile (Public witness 11. The learned trial Judge by his judgment and order dated 29/1/1993 acquitted all the accused persons of the offence punishable under Section 120-B of the Indian Penal Code, but, convicted Anwar (A-1, Dalmar (A-2, Idu (A-5, Udai Singh (A-6, Sattar (A-7, Gaffar (A-8 and Rashid (A-9 for offences punishable under S. 302/149 of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 500. 00 each; in default of payment of fine to undergo further RI for five months. They were also convicted under S. 148 and 323 read with Section 149 of the Indian Penal Code and each one of them was sentenced to suffer RI for six months. The substantive sentences were ordered to run concurrently. Jai Singh (A-3, Saroman (A-4, Jasmal (A-10 and Januru (A-11 came to be acquitted of all the charges. The seven convicts preferred an appeal to the Punjab and Haryana High court at Chandigarh and the learned division bench vide its judgment and order dated 22/11/1993 upheld the convictions and sentences of the appellants but, acquitted Gaffar (A-8 of all the charges. Aggrieved by the judgment and order passed by the High court, the appellants, after obtaining special leave, have filed this appeal in this court.

(2.) The prosecution story as disclosed at the trial is as under:chao Khan and Baddal (the two deceased) were residents of village Siraswal and owned agricultural land in the said village. A-1 and A-2 also owned agricultural land in the adjoining village called Luhinga Khurd. There was long-drawn enmity between the deceased and the accused. Asru, brother of A-1 and A-2, was killed about eight months prior to the incident in question which took place on 5/1/1990. Chao Khan and Baddal along with their other brothers were charge-sheeted for committing the murder of Asru and at the relevant time, their trial was pending before the Sessions court. We are now informed that Jharmal, Abdul and Risal have been convicted for committing the murder of Asru. Trial against Chao Khan and Baddal (since deceased) abated.

(3.) It is further alleged by the prosecution that Chao Khan and Baddal were also facing criminal trial under Section 25 of the Arms Act which was then pending before the Judicial Magistrate 1st Class, Ferozepur Jhirka. The Judicial Magistrate 1st Class, Ferozepur Jhirka had fixed the case on 5/1/19900 for trial and in that connection, both Chao Khan and Baddal along with Saheed son of Baddal, Risal and Isrile (Public witness 11 were going to the said court for attending the criminal proceedings. At about 7. 00 a. m. on 5/1/1990, they left their village in a four-wheeler and got down at the bypass of Ferozepur Jhirka at about 9.30 a. m. When they were proceeding towards the court and reached near the bus-stand of Ferozepur Jhirka, A-1 to A-4 and A-10, who were armed with country-made pistols, encircled them and in the meantime A-5, A-6, A-7, A-8 and A-9 who were armed with lathis came running to the place of occurrence by the side of the bus-stand. A-1 then fired from his pistol hitting Chao Khan on the head whereas A-2 fired from his pistol at Baddal. Both Chao Khan and Baddal sustained firearm injuries on their heads and as a result thereof they fell down. The other accused persons thereafter started hitting both the injured with the lathis. When Isrile (Public witness 11 tried to intervene, A-8 and A-9 gave him lathi blows causing bleeding injuries to him. A-3, A-4 and A-10 who were having pistols then fired in the air. All the accused thereafter fled away but while doing so, A-1 had left his pistol behind at the place of incident. Chao Khan and Baddal died on the spot. Risal and Isrile (Public witness 11 were made to wait near the dead bodies whereas Saheed (Public witness 10 proceeded towards the police station at Ferozepur Jhirka to lodge the complaint. When he reached near Lal Kuan Chowk, he met SI Dharam Singh to whom he narrated the incident who recorded the complaint in writing and forwarded the same with his endorsement to the police station at Ferozepur Jhirka. On the basis of this report, the first information report came to be recorded. SI Dharam Singh (Public witness 14 reached the place of occurrence and started the investigation. After holding the inquest on the dead bodies, he sent Isrile (Public witness 11 to Civil Hospital, Ferozepur Jhirka for treatment. During spot panchnama, he recovered certain articles including a country-made pistol of. 12 bore with one live cartridge and one bullet (metal). All these articles were kept in the sealed packet. In the meantime, he arranged for removal of both the dead bodies to Community Health Centre, Nuh where Dr Jai Kishan (Public witness 9conducted the post-mortem examination on 6/1/1990 at about 9.30 a. m. During the course of investigation, the accused came to be arrested on different dates i. e. 9/1/1990, 11/1/1990 and 13/1/1990. During their interrogation, they made statements which led to the recovery of pistols which came to be seized under the various panchnamas. After completing the investigation, a charge-sheet came to be filed against eleven accused persons for the aforesaid offences.