RAJ KUMAR Vs. REWAT RANI

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.) The prosecution case was set in motion on the statement of Lalit Kumar, brother of Ashwani Kumar (deceased) made to SI/SHO Om Parkash, P.S. Loharu on 16.05.2002 at about 5.00 pm in respect of an incident, which has taken place at about 3.00 pm. In his statement (Ex.PF), Lalit Kumar stated that he along with his brother Ashwani Kumar is running a petrol pump near Bus-stand, Loharu. He stated that today i.e. 16.05.2002 at about 3.00 pm, when he, his brother Ashwani Kumar and one Kanshi Ram son of Mansukh Rai were present at petrol pump, then Sombir @ Solu son of Dharampal resident of Dhani Toda came to the petrol pump from the side of Pilani in a Jeep bearing No. DL-2-CF-0650. One boy was accompanying him. After stopping the jeep at petrol pump, Sombir called his brother Ashwani Kumar. Both of them stood outside the cabin of petrol pump. Sombir stated that as he (Ashwani Kumar) has grabbed his plot, so he will teach him a lesson. While saying so, Sombir took out a country-made pistol from his pocket and fired a shot with an intention to kill his brother Ashwani Kumar. The shot hit Ashwani Kumar on his chest as a result of which he fell down. Thereafter, Sombir called Satish, the person sitting in the to fire a shot on Ashwani Kumar, so that he does not survive. Within their sight, Satish fired a shot in the head of his brother. On raising alarm, Sombir and Satish ran away from the spot along with their respective weapons. They removed their brother smeared with blood to Civil Hospital, Loharu, where the Doctor declared his brother dead. After deputing Sanjay to guard the dead body, when he was going to Police Station for lodging report, SI/SHO Om Parkash met him on the way near Punjab National Bank and recorded his statement. On the basis of such statement, ruqa Ex.PF/1 was sent to the Police Station for registration of a case. On receipt of such ruqa, the recoding of FIR Ex.PL was completed at 5.40 pm. The special report was delivered to the learned to the learned Magistrate at about 8.10 pm.