RAKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 4th March, 2015 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal-S No.2089 of 2003 whereby the High Court confirmed the conviction of the appellants under Section 307 I.P.C. read with Section 34 I.P.C. and affirmed the sentence of seven years imposed upon them. The High Court also confirmed the conviction of the appellants under Section 25 of the Arms Act and the sentence of imprisonment of two years imposed upon each of the appellants.

(2.) The case in a nutshell is as follows. Jai Kishan son of complainant is alleged to have abducted Dolly, daughter of Rajinder and sister of the accused. It is alleged that, since then there has been enmity between the two families. On the date of occurrence i.e. 12th April, 2000 at about 05.30-5.45 a.m., when complainant's son Raj Kishan (PW-6) went to answer nature's call, Rakesh, the accused no.1 inflicted injuries on the head of Raj Kishan with a "dang". The second accused/appellant, Dalbir, shot Raj Kishan on the neck. A case was registered and the law was set in motion.

(3.) Upon consideration of the evidence, the Trial Court convicted both the accused-appellants under Sections 307/34 I.P.C. and sentenced them to seven years' rigorous imprisonment. They were further convicted under Section 324 I.P.C. and sentenced to two years rigorous imprisonment and also convicted under Section 323 I.P.C. and sentenced to one year rigorous imprisonment. The second appellant, Dalbir, was further convicted under Section 25 of the Arms Act and sentenced to two years rigorous imprisonment. In appeal, the High Court affirmed the conviction as well as the sentence of imprisonment of both the accused-appellants.