RAJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Rajender has preferred the present appeal against the judgment dated 26.09.2007 and order of sentence dated 29.09.2007, passed by the Sessions Judge, Bhiwani, vide which he has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.30,000/- and in default of payment of fine to further undergo rigorous imprisonment for five years under Section 302 IPC; rigorous imprisonment for ten years and to pay a fine of Rs.20,000/- and in default of payment of fine to further undergo rigorous imprisonment for three years under Section 307 IPC; rigorous imprisonment for five years and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years under Section 27 (1) of the Indian Arms Act, 1959. All the sentences were ordered to run concurrently.

(2.) The prosecution case is that father Chiranji Lal and mother Sunheri were residing in separate house alongwith their three sons namely Ramesh Kumar, Bhoop Singh and Rajesh whereas the fourth son Rajender was residing separately, who is the accused in the present case. Rajinder was retired from Army and was having a double barrel licenced gun. All the four brothers and two sisters are married. Chiranji Lal was having four acres of land inherited from ancestors and the land was in the name of Chiranji Lal. Accused Rajinder used to cultivate one acre of land out of the same and the remaining three acres of land were sold by Chiranji Lal and 17 acres of land were purchased in village Hazampur in the name of remaining three sons of Chiranji Lal. Rajinder was asking share from that land whereas the parents and the other brothers of the accused were telling him that he is having one acre of land of his share which he was cultivating. On 13.04.2006, marriage of two daughters of Maya Devi, daughter of Chiranji Lal, were to be solemnized. All the family members had gone to Hisar for giving 'Bhaat'. In the evening, Ramesh Kumar, who is complainant in the present case, alongwith his wife Raj Bala and brother Rajesh came back to their house.

(3.) During night, at about 8 O'clock, the complainant alongwith other family member was present in the house and were talking regarding the expenditure on Bhaat ceremony and the parents of the complainant namely Chiranji Lal and Sunehri were present in the guest room (baithak). The complainant stated that they heard the sound of firing from the baithak whereupon they rushed outside and saw their brother Rajinder fired on Sunehri and she fell down near the door of baithak. When Chiranji Lal rushed towards Sunheri, accused Rajinder fired two shots at him also. One of the shots hit him on his chest while the second hit on right side of the stomach.