JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The convictions of the appellant under Section 302, I.P.C. and for offence punishable under Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA) and consequential sentences of imprisonment for life and the fine of Rs. 500/-, in default of payment of fine further rigorous imprisonment for five months for offence under Section 302 and rigorous imprisonment for a period of seven years together with a fine of Rs. 200/- in default of payment of fine, further rigorous imprisonment for two months under Section 5 of TADA passed in Sessions Trial No. 189/92 by the learned Additional Judge, Designated Court, Karnal at Panipat have been impugned in this appeal by the convicted accused Jagdish.

(2.) According to the prosecution case, at the instance of co-accused Ranbir Singh who died during the pendency of the trial and at the behest of co-accused Chaudhary Ram, the appellant Jagdish caused the murder of Pritam Lal Chopra on May 3, 1992 by firing at him from a pistol. The appellant was charged for the offence under Section 302, I.P.C. and under Section 5 of TADA and the said deceased accused Ranbir Singh and the co-accused Chaudhary Ram were charged under Section 302 read with Section 120B, I.P.C. The accused Chaudhary Ram and the deceased Ranbir Singh were also charged for the offence under Section 115, I.P.C.

(3.) It is the prosecution case that the accused Chaudhary Ram had a very strained relation with his son Om Prakash PW 2. Om Prakash was residing in one portion in the house owned by Chaudhary Ram with his wife and child and in another portion his father Chaudhary Ram and two other brothers used to stay. Chaudhary Ram had filed a civil suit in Delhi against Om Prakash by alleging that Om Prakash in connivance with his wife and in-laws wanted to extract a sum of Rs. 50,00,000/- from him on account of the share of the property and they had also been threatening to kill Chaudhary Ram and his family members and also had been harassing them in various manner. Chaudhary Ram also gave a publication in Hindustan Times on May 7, 1991 to the effect that he had ousted his son Om Prakash and his wife Veena and his children from the family and they had no right to claim any share in the property of Chaudhary Ram. Chaudhary Ram also issued a notice on May 21, 1991 to Om Prakash asking him to vacate the said house.