SANJAY AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Criminal Appeal No.D-168-DB of 2009 filed by appellants-Sanjay, Anita and Ramesh alias Mesha and Criminal Appeal No.D-299-DB of 2009 filed by appellants-Satish and Krishan as these arise out of the same judgment dated 15.12.2008 and order dated 16.12.2008 passed by the learned Additional Sessions Judge, Sonepat whereby all the appellants in the two appeals were found guilty and convicted for the offences punishable under Sections 120-B read with Sections 302 of the Indian Penal Code ('IPC' for short). AppellantsSatish, Sanjay, Krishan and Anita were held guilty for the offence under Section 302 read with Section 34 IPC. Appellants-Sanjay, Satish and Krishan were also held guilty for the offence under Section 201 read with Section 34 IPC. Appellant-Satish was also held guilty for the offence under Section 25(1B)(a) of the Arms Act and appellant Sanjay was also held guilty for the offence under Section 25(1B(b) of the Arms Act. They were all sentenced to undergo rigorous imprisonment for life and to pay a fine of '5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 120-B read with Section 302 IPC. Satish, Sanjay, Krishan and Anita were sentenced to undergo rigorous imprisonment for life and to pay a fine of '10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 302 read with Section 34 IPC. Satish, Sanjay and Krishan were also sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of '5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 201 read with Section 34 IPC. Satish was also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of '2,000/- and in default of payment of fine to further undergo imprisonment for one and half months for the offence under Section 25 1B(a) of the Arms Act. Sanjay was also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of '2,000/- and in default of payment of fine to further undergo imprisonment for one and half months for the offence under Section 25 1B(b) of the Arms Act. However, all the substantive sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR No.54 (Ex.PH/1) in the present case was registered on the statement of Sunita which was got recorded at about 8.40 a.m. on 1.4.2007 by SI/SHO Satpal Singh, Police Station Sadar, Sonepat. As per statement of the complainant, her brother-in-law Hari Om and they had constructed a residential house on the road in the fields on the outskirts of the village and were residing there along with children. Her husband had already died about 10 months back.

(3.) She resides separately in her home with her children. Her brother-in-law Hari Om resides in his separate house along with his children. On that day at about 1.30 a.m. in the night Sahil-son of her brother-in-law Hari Om knocked at the door and when she opened the door, Sahil told her that some people had assaulted his father. On hearing this, she and her mother-in-law, namely, Sunehari rushed to the house of Hari Om along with Sahil and saw that her sister-in-law (Devrani) Anita was lying unconscious on the gate of the house due to the injuries suffered on her head. They entered in the room and saw that Hari Om was lying in a pool of blood on the bed. His head and torso was on the bed but legs were hanging. He had multiple injuries on his abdomen and chest caused by sharp edged weapon and a lot of blood was oozing out from the injuries. When they saw, they found that he had succumbed to his injuries. Household articles of the box and 'diwan' were lying scattered. The complainant also stated that her brother-in-law Hari Om had been murdered by some unknown culprits due to grudge. They had informed their relative Baljeet Nandal, resident of Bahadurgarh about this incident. They had also given information in the village of her mother-inlaw. She along with her mother-in-law were going to Police Station to inform the Police after leaving her son Sandeep and Sahil son of Hari Om near the dead body when the Police party met on the turn of Rathdhana and got recorded the statement at 8.40 a.m. by SI/SHO Satpal Singh, Police Station Sadar, Sonepat. 'Ruqa was sent to the Police Station on the basis of which FIR was registered.