MOOL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in these appeals i.e. CRA-D No. 878-DB of 2004 and CRA-D No. 170-DBA of 2005, therefore, these are taken up together and being disposed of by a common judgment.

(2.) The present appeals are instituted against the judgment and order dated 2.9.2004, rendered by Additional Sessions Judge, Jind, in Sessions Case No. 55 of 26.7.2003/18.2.2002. Appellant Mool Chand alias Moola was charged with and tried for the offence punishable under Sections 148 / 302 / 149 / 323 / 149 IPC along with co-accused Hem Raj alias Hema, Ramesh and Bhagwan Dass. Appellant Mool Chand @ Moola was convicted and sentenced under Section 302 IPC to undergo imprisonment for life and to pay fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a term of six months. Co-accused Hem Raj alias Hema, Ramesh and Bhagwan Dass were acquitted of the charges framed against them.

(3.) The case of the prosecution in a nutshell is that Smt. Indro lodged report with ASI Virender Singh at noon time on 15.11.2001 in respect of the circumstances under which her son Sandeep, aged about 21/22 years, had been done to death by accused Mool Chand alias Moola and his four accomplices during the previous night. The deceased was a Halwai by profession. He had gone to the market on the evening of 14.11.2001 for purchasing goods for celebrating the festival of Diwali. Since Sandeep did not come back home till late in the evening, his mother Indro became anxious. They found Sandeep at Chaklawala Mohalla where he was being rounded up and abused by accused Mool Chand alias Moola and accused Hem Raj alias Hema. The complainant and her two companions intervened to rescue Sandeep from the accused. They were intercepted by accused Bhagwan Dass, Mool Chand alias Moola, Kalu, Hema and Ramesh Kumar sons of Bhagwan Dass at about 11.30 P.M. at a place called Channi Chowk, Safidon. On the exhortation of accused Bhagwan Dass alias Bhagwana, accused Mool Chand alias Moola gave a blow with a rod on the head of Sandeep. Thereafter, accused Hema gave a reverse side gandasi blow on the head of Sandeep. Accused Ramesh gave a lathi blow on his left knee. Accused Kalu gave a lathi blow on the head of Nirmal Singh, whereas Ramesh gave a lathi blow on the wrist of his left hand. Alarm was raised.