SATISH @ JASPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Criminal Appeal No. 695 -DB of 2006 filed by Satish @ Jaspal son of Kamal @ Kawal Singh and Criminal Appeal No. 720 -DB of 2006 filed by Sombir son of Dharampal against the judgment of conviction and order of sentence dated 10.07.2006 passed by the learned Additional Sessions Judge, Bhiwani, convicting and sentencing the Appellants for life imprisonment and to pay a fine of Rs. 10,000/ -each for the offence punishable under Sections 302 read with 34 IPC. The Appellants were also convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/ -each for the offence punishable under Section 25 of the Arms Act,1959.

(2.) INITIALLY Ramji Lal and Sanjay were also made to stand trial for the offences punishable under Sections 302/120 -B/109 read with Section 34 IPC and Section 25 of the Arms Act, 1959. However, the learned trial Court extended benefit of doubt to the aforesaid persons and acquitted them of the charges levelled against them. The acquittal of Ramji Lal and Sanjay is not subject matter of challenge in the present appeals before us.

(3.) THEREAFTER , SI Om Parkash went to the Civil Hospital, prepared inquest report and sent the dead body of Ashwani Kumar for post -mortem examination. He also visited the place of occurrence and prepared a rough site plan Ex.PY with correct marginal notes. He also got the scene photographed. He lifted blood stained earth, pair of chappal and bullet from the place of occurrence and taken into possession after converting into separate sealed parcels. Later on, both the accused namely Sombir and Satish were arrested on the same day from Village Dhani Toda. One country -made pistol and one live cartridge each were recovered from both the accused. The pistols and the live cartridges were taken into possession after converting into separate sealed parcels. The jeep, which was parked near the canal was also taken into possession vide recovery memo Ex.PU.