MANOJ AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment above mentioned criminal appeal and criminal revision would be disposed of as these have arisen out of the same incident/judgment.

(2.) Sub Inspector Babu Ram on receipt of telephonic information from Police Post PGIMS, Rohtak on 28.5.2006 reached the said hospital. He sought opinion from the doctor qua fitness of injured Anil and Subhash. The doctor declared injured Subhash fit to make the statement. Thereafter, statement of Subhash was recorded by Sub Inspector Babu Ram wherein he stated that Anil, Amit and Sunil were his nephews. Out of them, Anil was married. His nephews were residing together and he was also residing in the same house separately. His nephews were running a shop which they had taken on rent from his cousin Roshan. House of Manoj was situated near the said shop. Whenever ladies would come to buy sarees from the shop of his nephews, Manoj would pass some indecent comments against them. His nephews stopped Manoj from doing so but he did not mend his ways. On 26.5.2006, in the evening, Manoj had come in front of the shop of his nephews after consuming liquor and had said that he would shoot them in case they defamed him. They had sent Manoj away from there with folded hands. On 27.5.2006 at about 9.20 P.M., when he was going home after finishing his duty as a Clerk, he met his nephews Anil and Ankit near their shop. After closing the shop he was going home along with Anil and Ankit. At about 9.30 P.M. when they reached near the house of Manoj, they found him standing in front of his house. On seeing them, he started hurling abuses and said that they had defamed him alleging that he was teasing the ladies and so he would teach them a lesson.

(3.) Then he went inside his house and asked his wife Sudha to give him his gun. Then Sudha brought the gun and handed over the same to Manoj. Then Manoj came in the street from his house. Ram Niwas father of Manoj, Mukesh brother of Manoj, Prem Lata mother of Manoj also came in the street. The parents of Manoj raised lalkara that he should teach a lesson to Ankit, Anil and the complainant for defaming him and further said that they would save him and he should eliminate the complainant, Ankit and Anil. Manoj fired a shot at Anil which hit him on his chest and finger. As a result of this, Anil fell in the drain. Manoj fired a second shot towards them which hit Ankit on his forehead. Ankit also fell in the drain. He (complainant) raised alarm. On hearing his alarm, Roshan came to the spot from his house. Mukesh provoked Manoj to eliminate him (complainant). Manoj fired a third shot from his gun which hit him (complainant) on his left shoulder. Many persons gathered at the spot. Thereafter, all the accused fled away from the spot. Injured were removed to PGIMS, Rohtak. Ankit died at about 12.30 A.M. on 28.5.2006. On the basis of the statement of the complainant, formal FIR No. 115 dated 28.5.2006 was registered at Police Station Julana District Jind under Section 302, 307, 114 of the Indian Penal Code ('IPC for short) and 25, 27 of the Arms Act, 1959 ('Act' for short).