JITENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEARNED State Counsel has filed an affidavit of Sh. Dinesh Yadav, Deputy Superintendent of Prison, Narnaul mentioning the period of imprisonment undergone by the applicant Sunita (appellant No.2) in Court today. The same is taken on record.

(2.) HEARD counsel for the parties.

(3.) THE FIR in the case has been registered on the statement of Yudhbir which was recorded on 23.8.2009. According to the complainant Yudhbir, there was tension between him and his neighbour Jitender Singh (appellant No.1) on account of the earth that was put in the street by the Panchayat near his house. It is alleged that on 22.8.2009 at about 8.30 p.m. Jitender (appellant No.1) called the complainant Yudhbir to his house to settle the dispute. THE complainant as also Raj Kumar alias Raju (deceased), Harpal and Brahmdutt went to the house of Jitender Singh (appellant No.1). While they were talking, Sunita (applicant/appellant No.2) wife of Jitender Singh (appellant No.1) suddenly came out in anger carrying a danda. It is alleged that she inflicted a 'danda' blow on the back of the complainant Yudhbir. THEreafter, Jitender (appellant No.1) kicked the complainant and gave fist blows to him. When Raj Kumar (deceased) came to rescue the complainant, Jitender (appellant No.1) and his wife (applicant/appellant No.2) exhorted the brother-in-law (Satya Parkash ? appellant No.3) of Jitender (appellant No.1) to fire. On this the brother-in-law (appellant No.3) of Jitender (appellant No.1) fired a shot with his revolver which hit Raj Kumar. All raised an alarm on which Jitender (appellant No.1) and his brother-in-law Satya Parkash (appellant No.3) ran away from the spot. Raj Kumar was taken to the hospital where he was declared dead. THEreafter, the accused were arrested.