JOGINDER @ GHOLU @ NEELU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Appellant/accused, Joginder @ Gollu @ Neelu, having been convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment and to pay a fine of Rs. 1,000/ -and in default thereof to further undergo rigorous imprisonment for a period six months, has preferred the present appeal for setting aside that conviction and sentence. The complainant/Petitioner, Vedpal Singh, has filed above referred revision for enhancing that fine and for awarding the compensation.

(2.) THE prosecution case, in brief, is that on 25.10.1995 Krishan deceased came to Ved Pal Kadyan complainant PW -6 at his house and disclosed that on that very day he was going to the Gym situated on the backside of NFL, Panipat, when his motor -cycle slightly struck in Narender Verma accused and that under the fear that he would be beaten by that Narender Verma, who is badmash type of boy and two of his companions were standing with him, escaped from that place. He also showed his apprehension that those boys would certainly beat him. On hearing that story of the deceased the complainant thought it fit to talk to Narender Verma and his father, who were already known to him. Thereafter, he accompanied by the deceased and Mahabir PW7 came to NFL Panipat, on the motorcycle. When at about 8.00 PM they reached near the shopping center of NFL they found Narender Verma and two other boys standing at that place. He stopped the motorcycle at some distance and was told by the deceased that the boys standing with Narender Verma were the same who were present with him at the time of accident. All the three accused came towards them. The companions of Narender Verma told him that the deceased was the same person who escaped from the spot after the accident and that he be taught a lesson. Thereafter, Narender Verma took out a pistol from his pocket and fired at the deceased and the shot so fired hit his face, as a result of which he fell down. The complainant and Mahabir tried to catch hold of the accused, but they managed to escape from that place. As a result of the fire arm injuries so received by the deceased, he died at the spot itself. After leaving Mahabir to guard the dead body, the complainant went to the police station and lodged the FIR Ex.PJ. Badan SI PW9 accompanied by other police officials came to the place of occurrence and after inspecting the same prepared the rough site plan Ex. PM with correct marginal notes. The photographs of the dead body of the deceased Ex.P/1 and Ex.P/2 were taken by Ramesh Chander Head Constable PW1. The SI prepared the inquest report Ex.PF/2 in respect of the dead body and sent the same to the hospital for post mortem examination. He collected the blood stained earth from the spot which was converted into a parcel and was sealed with his seal 'BS'. The sealed parcel was taken into possession vide memo Ex.PN. Pair of chappals of the deceased was also recovered from the spot which was converted into sealed parcel and that parcel was taken into possession vide memo Ex.PQ. The autopsy on the dead body of the deceased was performed by Dr. K.L. Chopra PW3, who found ante mortem injuries on the same and gave his opinion that the cause of death was due to injury to the brain, which was sufficient to cause the death in the ordinary course of nature. During the post -mortem examination, one bullet was recovered from the dead body, which was converted into a sealed parcel. That sealed parcel and the wearing apparels found on the dead body were handed over to the police. Those wearing apparels were also converted into a sealed parcel. The SI after coming back to the police station deposited the case property with the MHC. On 21.11.1995, he was present in the bus stand of Falheri where he received secret information about the present Appellant/accused. On the receipt of that information he went to his house and arrested him. He asked the accused to muffle his face as he was to join the test identification parade. On 22.11.1995, application Ex.PK was moved before the Judicial Magistrate for issuing direction to the accused to join the test identification parade, but he refused to do so. The sealed parcels containing the blood stained earth, pair of chappals, wearing apparels of the deceased and the bullet were sent to FSL. After examination it was reported by the Senior Scientific Officer of that laboratory vide his reports Ex.PG and PG/1 that the same were stained with human blood. It was reported by the Deputy Director of that laboratory, vide his report Ex.PG/2, that one of the sealed parcel contained the bullet which had been fired from 7.65mm Calibre fire arm. During the course of investigation statements of the witnesses were recorded under Section 161 Code of Criminal Procedure The map on scale Ex.PH of the place from the recovery was got prepared from Ramesh Chander draftsman PW4. Narender Verma and Varinder Verma -accused could not be arrested and they were declared as proclaimed offenders. After the completion of investigation, the challan was put in before Judicial Magistrate, who committed the same to the Court of Session as the offence under Section 302 was exclusively triable by that Court.

(3.) TO prove the guilt of the accused, the prosecution examined Head Constable Ramesh Chander PW1, Kuldeep photographer PW2, Dr. K.L. Chopra PW3, Ramesh Kumar Draftsman PW4, Sh.R.C. Godara PW5, Ved Pal Kadyan PW6, Mahabir PW7, Ashok Kumar PW8 and Badan Singh Inspector PW9.