RAJ KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS common judgment would decide the appeals filed by Raj Kumar and Sher Singh @ Shera challenging their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) for murder of Amar Singh @ Amaria and under Section 307 read with Section 34 IPC for attempt to murder Dharma @ Pappu by the impugned judgment dated 9th February, 2000. By order on sentence dated 15th February, 2000, the two appellants have been sentenced to imprisonment for life, fine of Rs. 25,000/ - and in default, undergo simple imprisonment for a period of one year for the offence under Section 302 read with Section 34 IPC. For the offence under Section 307 read with Section 34 IPC, the two appellants have been sentenced to rigorous imprisonment of five years, fine of Rs. 5,000/ - and in default, to undergo simple imprisonment of three months. Out of the fine, if realised, it stands directed that Rs. 50,000/ - would be paid as compensation to the legal heirs of Amar Singh @ Amaria and Rs. 25,000/ - would be paid as compensation to injured Dharma @ Pappu.

(2.) THE impugned judgment acquits Budh Ram and Thakur Dass from the charges under Sections 302 and 307 read with Section 34 IPC. The State and the victims have not challenged the said findings. Bhagwan Dass, father of Sher Singh @ Shera a co -appellant in Crl.A. 204/2000, died during the pendency of the present appeal as recorded in the order dated 1st May, 2006.

(3.) FIR No. 290/1991 was registered at police station Sultan Puri on the basis of the information and statement given by Hira Lal, who had appeared and deposed before the trial court as PW2. The said FIR registered on 6th November, 1991, at about 4.30 A.M., was regarding the occurrence on the Diwali night at about 10.15 P.M. on 5th November, 1991. Hira Lal (PW2) in the court deposition has stated that, at about 10:15 PM on 5th November, 1991, he was present at the sweet shop of one Pappu, where Raju i.e. Raj Kumar, the landlord and one of the appellant, was also present. Hira Lal (PW2) along with Lal Chand (PW4) had gone there to drink milk. They had seen four persons, namely, Raju, Sher Singh @ Shera, Thakur and brother of Shera (Budh Ram) were fighting and quarrelling with Pappu. Shera threw the sweets kept in the shop. Agitated Pappu, had picked up a palta (a type of karchi) and had threatened that he would kill Shera and others. In the meanwhile, Amria came to the spot and snatched the palta from the hands of Pappu. Raju had then exclaimed that 'Maro Salon Ko Inkey Dam Par Hi Yeh Dookan Khali Nahi Karta' (beat them, he is not vacating the shop because of the support from others). Shera, then snatched the palta from the hands of Amaria, had struck him on his (Amaria's) head. In the meanwhile, Bhagwan Dass (since deceased) left the spot stating that he would bring his gun. Bhagwan Dass (since deceased) went to the roof of his house and thereafter had fired 7 -8 shots from his gun. Dharma cried that he had sustained gunshot injury. Hira Lal (PW2) and Lal Chand (PW4) had concealed themselves under a Chhatri (chajja). Amaria was taken to Deen Dayal Hospital by his brother and others, where he was declared as brought dead. Police had taken measurements at the crime scene and prepared the site plan on his i.e. Hira Lal's (PW2) instructions. PW -2 had also identified the palta and the licensed gun Ex.P1, which was seized from Bhagwan Dass (since deceased) and has affirmed that the police had taken the said gun, 7 -8 empty cartridges and 18 live cartridges into possession vide seizure memo Ex.PW2/E. At this stage itself we deem it appropriate to record that as per the ballistic report, the empty cartridges were fired from the said gun.