MOHAR SINGH Vs. STATE

JUDGEMENT

(1.) Both these appeals, arise out against the same judgment and order dated 9-2-2005, passed by Additional Sessions Judge/III F.T.C. Haridwar, rendered in S.T.No. 235/2002, State vs. Mohar Singh and another, U/S 302/34 I.P.C. and S.T.No. 236/2002, State vs. Mohar Singh, U/S 25 Arms Act, hence they are being decided by this common judgment. By the impugned judgment the learned Additional Sessions Judge in S.T.No. 235/2002, has convicted accused Mohar Singh and Sobha Ram @ Churdee U/S 302/34 I.P.C. and sentenced them to undergo life imprisonment and a fine of Rs. 5,000/- each and in default of payment of fine to undergo R.I. for six months and Mohar Singh was further found guilty U/S 25 Arms Act in S.T. No. 236/2002 and was sentenced to undergo 1 years R.I. and a fine of Rs. 1000/-, and in default of payment of fine to undergo two months R.I. However, all the sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is that, 6-7 days prior to the instant incident Mohar Singh was residing at the house of his brother-in-law Atar Singh in village Laharpur. He along with Sobha Ram came at the house of complainant Babu Ram and demanded T.V. from Tejpal son of Babu Ram for playing C.D. Cassette on it, but Tejpal refused to hand over the T.V. to the accused persons, therefore, both the accused threatened him if he would not hand over T.V. to them, they would not left him capable of seeing the T.V. Due to this enmity, on 23.2.2002 at about 5.00am, both the accused persons entered inside the house of complainant and firstly they removed the quilt of complainant whereupon the complainant woke up. Tejpal son of complainant was sleeping by the side of the complainant and accused Sobha Ram pointing towards him told that he is Tejpal and exhorted Mohar Singh to fire shot at him. At this Mohar Singh fired shot on the chest of Tejpal. Hearing the sound of firing, Vijay Pal, Suman and Jawitri, son, daughter and wife respectively of complainant, who were sleeping in the nearby thatch, also woke up and on raising alarm by them both the accused persons fled away from the scene of occurrence. These persons identified the accused persons in the light of lantern burning in the thatch. Tejpal son of complainant was brought to Haridwar Hospital in injured condition but he succumbed to fire-arm injury before reaching there. The written report, Ext. Ka.1 was lodged by complainant Babu Ram at 7.50a.m. on 23.2.2002 at P.S. Shyampur, on the basis of which chick F.I.R. Ext. Ka.17 was prepared by the police and case crime No. 19/2002, U/S 302 I.P.C. was registered against the accused persons vide G.D. report no.12 at 7.50 a.m. the same day, carbon copy of which is Ext. Ka.18. The police also prepared chick F.I.R. Ex.Ka.15, pertaining to offence U/S 25 Arms Act and registered a case against accused Mohar Singh U/25 Arms Act vide G.D. No. 25 the same day at 7.50 a.m., carbon copy of which is Ext. Ka.16.

(3.) The investigation of the case was handed over to S.O. Sri B.S. Bhakuni. He visited the place of occurrence and prepared site-plan, Ext. Ka.5. On 23.2.2003 he visited the Government Hospital, Haridwar and conducted the inquest on the dead body of deceased Tejpal and prepared inquest report, Ext. Ka.2. He then prepared sketch dead body, Ext. Ka.6, Police Form No. 13, Ext. Ka.7, sample seal, Ext. Ka.8, letter to C.M.O. Haridwar, Ext. Ka.9 and sent the dead body for post mortem. On 25.2.2002 he arrested the accused persons. Accused Mohar Singh confessed his guilt and on his pointing out the I.O. got recovered the country made pistol, used in the commission of crime, and prepared recovery memo, Ext. Ka.3. He also prepared the site-plan of the place of recovery of country made pistol, Ext. Ka.10. The District Magistrate, Haridwar vide his order dated 20-3-2002, accorded sanction to launch prosecution against the accused Mohar Singh U/S 25 Arms Act. The I.O. after completing investigation in the case submitted charge sheet, Ext. Ka.19, against both the accused Mohar Singh and Sobha Ram @ Churadee.