KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 21/26.11.2014 rendered by the Additional Sessions Judge, Narnaul in Sessions Case No.53 of 2013 whereby the appellant, who was charged with and tried for offence punishable under Section 302/120-B of the Indian Penal Code (for short 'IPC') and Section 25 of the Arms Act, has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.5,000/-, in default of payment of fine to undergo further simple imprisonment for one year under Section 302/34 IPC. Under Section 120B IPC, he has been sentenced to undergo imprisonment for life and to pay fine of Rs.5,000/-, in default of payment of fine, to undergo further simple imprisonment for one year. The word 'imprisonment for life' was ordered to be treated as rigorous imprisonment for the whole of the remaining period of the appellant's natural life. The sentences were ordered to run concurrently.

(2.) It needs mention here that there were other accused also in the same FIR, who were tried and the evidence in their cases was recorded independently and judgment passed on 29.09.2014. Later, the present - appellant was separately tried and the impugned judgment was passed in his case.

(3.) The case of the prosecution in a nutshell is that on 14.09.2012 Jaiparkash (now deceased) son of Duli Chand was admitted in Govt. Hospital, Bhiwani in injured condition, from where he was referred to PGIMS Rohtak. A telephonic message in this regard was received in the Police Station. Upon this information ASI Kuldeep reached PGIMS Rohtak on 15.09.2012 but the Doctor declared the patient unfit for making statement. On 21.09.2012 Jaiparkash was declared fit to make statement. His statement was recorded by ASI Kuldeep Singh. Jaiparkash stated that on 14.09.2012 at about 11:00 a.m., while he was present in the village Satyawan received a telephonic call from Krishan s/o Daya Ram asking him to bring two bottles of wine to the fields. At that time he was present with Satyawan. Both of them reached the fields of Krishan on a motorcycle with the bottles of liquor. At that place Krishan son of Daya Ram, Moji alias Manoj, Jawahara alias Rajesh and three unknown boys whose names and addresses he did not know were sitting and consuming liquor. Jaiparkash remained sitting with them for about one hour and then he went to the fields leaving Satyawan there. At about 01:00 p.m., he again went there and found they were all consuming liquor. He again sat with them for about one hour and then went to Savitri, the mother of Krishan for taking tea at the house of Krishan. He again joined the drinking group at about 3:00 p.m. At about 07:00 p.m., there was exchange of hot words between Satyawan, Manoj alias Moji and Jawahara alias Rajesh. He took Satyawan away and left him at a distance of about 2-3 killas and returned to take his motor cycle. When he was at a distance of about 20 feet then one out of Krishan son of Daya Ram, Manoj alias Moji, Jwahara alias Rajesh and three other boys whose name and address he did not know fired at him. He did not know who out of them fired at him. The bullet hit him in his stomach. Thereafter, Mauji alias Manoj Jawahara alias Rajesh and three other boys fled away in a vehicle. Only Krishan remained there. Thereafter he (Jaiparkash) raised noise and went about one killa towards the tubewell of Krishan. On hearing his cries Savitri mother of Krishan came and took him to Mittal Hospital after arranging a vehicle from Mahipal. Thereafter he was referred to G.H. Bhiwani and from there to PGIMS Rohtak.