SUNIL KUMAR @ SHALLY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose aforesaid four appeals arising out of judgment of conviction dated 12.7.2002 and order of sentence dated 15.7.2002 passed by the learned Addl. Sessions Judge (Ad hoc), Karnal, convicting and sentencing Sunil Kumar @ Shally (for short referred as Sunil), appellant in Criminal Appeal Nos.678-DB of 2002, for life imprisonment for the offence punishable under Sections 302 IPC and to undergo rigorous imprisonment for a period 10 years for the offence punishable under Section 307 IPC, whereas Amar Nath @ Bittu and Rajinder Singh, appellants in Criminal Appeal Nos.1149-SB of 2002 and 1215-SB of 2002 are convicted and sentenced to undergo rigorous imprisonment for a period of 7 years each for the offence punishable under Section 307 read with 34 IPC. Apart from these three appeals, Criminal Appeal No.217-DBA of 2003 was filed by the State of Haryana against the order of acquittal of ten other accused.

(2.) On 4.2.2010, when the case was taken up for hearing, Mr. Ashit Malik, Advocate, counsel for Sunil, appellant stated that the appellant has absconded while availing parole and that he has collected the papers as well as no objection certificate to engage another counsel. In view of the said fact, Ms. Monika Jalota, Advocate, was appointed as Amicus Curaie to assist this Court on behalf of Sunil.

(3.) The prosecution case was set in motion on the basis of complaint (Ex.PA) made by Dharamvir son of Khazan Singh. He has stated that he is resident of village Staundi and studying in 10+2 in Rising Sun Public School, Sector-6, Karnal. On 20.8.1999, he alongwith Davinder Singh son of Hari Singh Ror, Jasbir son of Man Singh Ror, Shalinder @ Gokal son of Dalip Singh, all residents of village Staundi, Paveen son of Baldev Raj, resident of village Bastar and Satpal son of Ram Sarup, resident of village Chochra, came to Karnal to attend the rally on the occasion of visit of Prime Minister of India, but after reaching Karnal, they decided to see the movie "Arjun Pandit" from 10.00 AM to 1.00 PM, being screened in K.R.Theatre. After purchasing tickets, they went inside the hall and occupied the front seats. After 15 minutes of start of the movie, number of boys having Musla, Lathies, Sword and Sunil resident of Naru Kheri having knife in his hand entered the cinema hall and shouted that Jassi @ Jasbir come out. Jassi @ Jasbir told them that Sunil alongwith his companions has arrived there and he would kill him.