MUKESH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, we propose to dispose of five connected appeals bearing Nos. 594-DB of 2008 (Mukesh v. State of Haryana), 603-DB of 2008 (Kaptan v. State of Haryana), 605-DB of 2008 (Kuldeep @ Monu and Anr v. State of Haryana), 624-DB of 2008 (Joginder @ Gola v. State of Haryana) and 641-DB of 2008 (Rajesh @ Raje @ Kala v. State of Haryana), as all these appeals have been filed to impugn the judgment of conviction dated 8.8.2008 and order of sentence dated 11.8.2008 rendered by Additional Sessions Judge, Rohtak, arising out of FIR No. 264 dated 23.5.2003 under Sections 148/149/302/307/333/353/186 IPC and Sections 25/54/59 of the Arms Act, PS Civil Lines, Rohtak. By the said judgment, they were convicted under Sections 148/149/302/307/333/353/186 IPC. Appellants Joginder @ Gola, Mukesh and Kaptan were further convicted under Section 25 of the Arms Act. All the appellants were sentenced as under:

(2.) Prosecution story, in brief, is that on 23.5.2003, police party headed by SI/SHO Jai Parkash, PS Civil Lines, Rohtak, while present on Sheela By Pass, Rohtak, in connection with patrol duty, then received a wireless message from the control room to the effect that firing had taken place in the Court Complex, Rohtak. On receipt of wireless message, SI/SHO Jai Parkash along with party had gone to the Court Complex, Rohtak, where ASI Ram Kumar had met him and got his statement recorded to the effect that while serving in Police Lines, Rohtak, on 22.5.2003, he was deputed to collect the accused from District Jail, Sonepat, to produce them in the District Courts at Rohtak. On 23.5.2003, he along with EHC Raj Singh and other police officials, had gone to Borstal Jail, Sonepat, and three accused were taken into custody from there. Then they had gone to District Jail, Sonepat from where Anup Singh and Vinod were taken into custody. After that, police party along with the accused in a jeep came to the District Courts, Rohtak. Jeep No. HR-45-1762 was parked in front of lock up of the Court. Another Jeep No. HR-46-0372, in which the accused were brought from Sonepat, was already standing there. At about 11.45 AM, accused Anup Singh requested the police party to urinate, then he along with EHC Raj Singh, Constable Ashok Kumar, Constable Jitender and Constable Sucha Singh, who were armed with stain guns, came out from the jeep. Anup Singh was brought near the bathroom situated on the ground floor, but it was found locked. Then he was being taken to the bath room situated at the first floor to urinate and when they reached in the staircase, then suddenly firing started from the upper side of the staircase, hitting Anup Singh and EHC Raj Singh, who was holding Anup Singh. He had returned firing from his service revolver. Accused were 6-7 in number, who were firing with their respective weapons. Then he along with 2-3 police officials had chased the accused. He had fired five shots with his service revolver, out of which, two shots hit the accused, who continued firing while in injured condition. In the said firing, Constable Pawan Kumar, Constable Raj Singh and HC Shiv Charan received fire arm injuries. One accused, namely, Mukesh, who had received gun shot injuries, was apprehended on the spot, whereas remaining accused, while continued firing with their respective weapons, succeeded in escaping from the spot. Some police officials were seen while chasing them. Naresh Kumar and Vinod, who were facing trial in the case, had seen the accused while firing and disclosed about the names of assailants as Joginder @ Gola son of Nafe Singh, r/o Ladpur, Kaptan, Mahabir @ Don, Rajesh r/o Mundka, Kuldeep @ Monu, Sunder, r/o Titoli and one Fauji. He had given information to the control room and with the help of ASI Bhim Singh and other police officials, injured policemen and Anup Singh were shifted to PGIMS, Rohtak. It was informed to him that Anup Singh was declared dead. After recording the statement of ASI Ram Kumar ((Ex.P1), same was sent to the police station after making endorsement, on the basis of which, formal FIR was recorded at 2.00 PM. Special report was delivered to the Ilaqa Magistrate at 4.30 PM on 23.5.2003. Thereafter, ASI Ram Kumar had apprehended one of the accused, who was firing, namely Mukesh and from his possession, one pistol of 9 mm along with seven live cartridges and one empty cartridge, were taken into possession, and he (Mukesh) was sent to PGIMS, Rohtak, for treatment. Sketch of pistol was prepared. Sketch of pistol (Ex.P3), mouser (Ex.P5), live cartridges (Ex.P6 to Ex.P8) and empty cartridge (Ex.P9) were taken into police possession vide separate memo (Ex.P10) attested by the witnesses. ASI Ram Kumar had also handed over his service revolver (Ex.P11) and produced three missed bullets (Ex.P12 to Ex.P14) and two fired bullets (Ex.P15 and Ex.P16), which were also taken into police possession vide separate memo (Ex.P17) attested by the witnesses.

(3.) SI Sukhbir Singh also produced his official mouser and three live cartridges, which were taken into police possession vide separate memo attested by the witnesses.