SANDEEP @ MIRCHI AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, the above mentioned two appeals would be disposed of as these have arisen out of the common incident/judgment.

(2.) Prosecution story, in brief, is that complainant Manphool had three sons and three daughters. All his children were married. On 15.5.2000, Anil, Rohtash, Durga and Chand Singh had committed murder of Surender son of Daya Ram, brother of the complainant. Anil had been released on parole in the month of November but had not surrendered back in jail, thereafter. Anil had threatened the complainant after his release on parole that he would finish his family. Pappu son of Sahib Singh, who was cousin brother of Anil and mother of Anil, were also threatening the complainant that they would finish his family as he had deposed against Anil. On 15.2.2004, at about 6.30 A.M., the complainant was sleeping in the room on the first floor of his house and he heard noise of fire shots. When the complainant looked through the window of his room, he saw that Anil along with 8/10 persons had entered in the room on the first floor of his nephew Naresh and had started firing indiscriminately on Naresh. When they came out, complainant saw that Anil and his companions were armed with pistols.

(3.) Thereafter, Anil told his companions that Krishan had gone to the plot situated near the road to tether buffalos and he would also be killed. The assailants then came down and started walking towards the plot where Krishan had gone. The complainant rushed towards the plot from the other street in order to inform his son Krishan but when he reached his plot, he saw that Anil and his accomplices had already reached there.