CHANDER BHAN Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of learned Trial Court dtd. 17/12/2018 whereby the appellant was convicted for murder of one Pawan (deceased) with his licensed gun and also the order on sentence dtd. 20/12/2018 whereby the appellant was directed to undergo imprisonment for life alongwith fine of ?10,000/- in default whereof, simple imprisonment for six months for offence punishable under Sec. 302 of the Indian Penal Code, 1860 ('IPC') and was also directed to undergo simple imprisonment for six months for offence punishable under Sec. 30 of the Arms Act, 1959 ('Arms Act'). The other accused persons namely Amit, Dev Karan, Saroj, Suresh and Om Prakash were acquitted in the said case.

(2.) As per the prosecution there was a dispute between Bhagat Singh (complainant) who was the father of the deceased on one hand and the appellant and one Om Prakash on the other hand, over an ancestral property in village Baprola. For the purpose of settling the dispute, on 25/9/2013, the complainant/father alongwith his son/deceased and one relative Naveen went to the house of the appellant and on seeing them the appellant and other accused persons Om Prakash, Ms. Suresh wife of Om Prakash, Saroj wife of Chander Bhan, Amit and Dev Karan both sons of Om Prakash, who were present on the terrace started shouting 'saro ko goli mar do'. Thereafter, the appellant pointed his pistol and fired which hit the complainant's son/deceased. Thereafter, the complainant and Naveen took the deceased to Medanta Hospital in their vehicle and complainant made a call to the police at number 100, which was recorded vide DD No.53A which was marked to SI Ranbir Kumar (PW-21). SI Ranbir Kumar reached the spot i.e. outside H.No.201 at Village Baprola where he got to know about the firing incident after which he went to the hospital. He recorded the rukka (Ex. PW-2/A) on the statement of the complainant and got FIR No.336 of 2013 dtd. 26/9/2013 under Ss. 307/34 IPC and 27 Arms Act at P.S. Ranhola registered. Thereafter, search was made for accused persons and the appellant was found at H.No. 210 and was arrested vide arrest memo Ex.PW-8/E. Crime team was called at the spot, which inspected the scene of crime and prepared its report (Ex.PW-5/A). On 30/9/2013, information of death of the deceased was received from the hospital after which the body was got shifted to Sanjay Gandhi Hospital and was sent for postmortem examination.

(3.) The postmortem on the body of the deceased was conducted on 30/9/2013 by Dr. Manoj Dhingra and his report (Ex. PW-14/A) opined: