UDHAM SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide impugned judgment of conviction and order of sentence passed by Additional Sessions Judge, Gurgaon the Appellants were convicted under Section 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of 1000/-each and in default of payment of fine, to undergo further rigorous imprisonment for two months. Aggrieved of the same, the Appellants filed the present appeal in which they are on bail. Mohinder Singh-complainant also filed Crl. Revision No. 2216 of 2002 wherein he prayed for enhancement of the sentences of imprisonment and fine of the Appellants and for granting adequate compensation to him. As both the matters arise out of the same judgment of conviction and sentence, they are being disposed of together.

(2.) According to the prosecution, the occurrence in question had taken place on 26.6.2001 at about 9.00 PM when Mohinder Singh-complainant was returning to his village after visiting the house of his mausi in village Didhara. When he reached the turning towards his village near the field of Mahavir, he came across the four Appellants. Udham Singh and Kuldeep Appellants were having country made pistols, while Mahender Singh and Ram Niwas Appellants were carrying dandas. The Appellants raised lalkara to kill him as they had come to know about the purpose for which he had come out on interim bail. Mahender Singh Appellant wielded the danda in causing an injury on the leg of Mohinder Singh-complainant. The remaining three Appellants also grappled with the complainant. However, the complainant managed to free himself from their clutches and started running for his safety. Udham Singh and Kuldeep Appellants then fired from their pistols, hitting Mohinder Singh-complainant on his buttocks, whereafter he fell down on the ground. All the Appellants then decamped from the spot. One Ved Parkash and complainant's cousin Ranbir reached the spot after sometime and removed him to Government Hospital, Taoru, from where he was referred to Gurgaon. While going to Gurgaon Hospital, Mohinder Singh complainant came across ASI Om Parkash in Anaj Mandi, Gurgaon and made his statement. The same was, thereafter, forwarded by ASI Om Parkash to the police station through Constable Balraj Singh with the directions that it be entered in the daily diary register and further proceedings regarding registration of the case would be taken up after holding necessary verification. Accordingly, DDR No. 26 dated 26.6.2001 was recorded at Police Station, Taoru.

(3.) In support of its case, the prosecution examined PW-1 Mohinder Singh, PW-2 MHC Rajbir Singh, PW-3 Dr S.K. Sharma, PW-4, ASI Sukhbir Singh, PW-5 Sarwan Kumar, Draftsman, PW-6 Ganpat, Line Officer, Central Jail, Gurgaon, PW-7 SI Anil Kumar, PW-8 Dr Krishan Kumar and PW-9 ASI Om Parkash.