SUBHASH ALIAS BILLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA-911-DB-2005, CRA-D-145-DB-2006 and CRA-D-489-DB-2007, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dated 16.12.2005 and order dated 17.12.2005, rendered by learned Additional Sessions Judge, Panipat, in Sessions Case No. 35 of 2004, dated 05.02.2003/24.11.2004. Appellants Subhash alias Billu, Akhilesh and Rajesh were charged with and tried for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, 'IPC') and Section 25 of the Arms Act. They were convicted and sentenced under Section 302 read with Section 34 IPC to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each, and in default of payment of fine to undergo further rigorous imprisonment for a period of two years. Appellant Rajesh was also convicted and sentenced under Section 25 of the Arms Act to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, and in default of payment of fine to undergo further rigorous imprisonment for a period of six months. The substantive sentences awarded to appellant Rajesh were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that on 23.10.2002, Rajdeep complainant along with his friends Naveen son of Subhash, Manish son of Umed Singh and Subhash son of Bhim Singh was harvesting paddy in the field of Rajiv son of Subhash. At about 6.15 PM, the complainant along with deceased Rajiv was going to the fields of the former in order to take a bath on the tubewell. When they reached near the school under construction, accused Rajesh, Akhilesh and Billu were found standing inside the gate of the school with a motor-cycle. Rajesh called Rajiv in order to talk to him. Rajiv proceeded towards the boundary of the school. The complainant followed him. Immediately after Rajiv entered the school premises, Akhilesh caught hold of him from behind and Billu exhorted that it was the right time to finish him. He should not escape. Rajesh took out a knife from the right side of his pant and stabbed Rajiv in the left side of abdomen. Rajiv raised alarm. The complainant got puzzled. Billu also hurled a lathi towards the complainant. However, the complainant snatched the same from him. Rajiv fell down. In the meantime, Manish son of Umed Singh also reached the place of occurrence. Rajesh along with knife and his companions ran away from the spot. The complainant started to look after Rajiv. Subhash son of Bhim Singh and Shamsher son of Anoop Singh also reached the spot. The motor-cycle of the assailants remained at the spot. The motive of the crime was that about ten days prior to the occurrence, Nanha son of Ranbir, who was a friend of the assailants, had abused Rajiv under the influence of liquor. Rajiv gave him beatings. He wanted to take revenge. The injured was taken to Civil Hospital, Panipat. He was declared 'brought dead'. Statement of complainant Rajdeep was recorded vide Ex.PA. FIR Ex.PA/1 was registered. The police visited the place of occurrence and prepared its rough site plan Ex.PO. Body was sent for post-mortem examination. The knife recovered from accused Rajesh was sent for FSL examination. The investigation was completed and challan was put up after completing all the codal formalities.