VEDENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has come up in appeal against the judgment dtd. 23/5/2016 and decree dtd. 24/5/2016 whereby he has been convicted and sentenced as under:-

(2.) The case set up by the prosecution is that on 2/12/2013, information was received by SI Mohammad Illias Khan from Police Post, PGIMS, Rohtak that Dr. Ashish Dahiya was admitted in hospital with fire injury. One Mahender Singh Dalal, who was working as Assistant in the Hotel Management Department, M.D.U., Rohtak told the police that Dr. Ashish Dahiya was working as Director in the M.D.U., Rohtak. The Director room and his room were in the same building. On 2/12/2013 at about 10:30 a.m., Dr. Ashish Dahiya called a meeting of the office staff and that meeting lasted till 11 a.m. At about 11:15 a.m., when Dr. Ashish Dahiya was sitting in his office, his ex-student Vedender entered the office and asked for his roll number slip from him. Dr. Ashish Dahiya told him to collect the same from the front office and at that time Mahender Singh Dalal was sitting in his office. He heard a noise that Vedender was telling the Director that he would teach him a lesson for not giving him roll number slip and heard a pistol shot noise. When Mahender Singh Dalal went inside the office of the Director, he saw that Vedender was carrying a pistol in his hand and fired on Dr. Ashish Dahiya with an intention to kill him. When Vedender was loading third round in the pistol, he raised the noise. On hearing the same, 10-15 students and staff employees came at the place of occurrence and Vedender ran away alongwith his pistol from the place of occurrence. His identity card was found lying on the table on the place of occurrence. Mahender Singh Dalal and other employees brought Dr. Ashish Dahiya in PGIMS, Rohtak. Thereafter FIR No. 499 dtd. 2/12/2013 under Sec. 307 IPC and 25/54/59 of the Arms Act was registered against Vedender-accused. He was charged for committing offences under Sec. 307 IPC and Sec. 25 of the Arms Act. The prosecution examined 13 witnesses to prove its case.

(3.) The FSL report was tendered by the Public Prosecutor Ex.PC, Ex.PD and Ex.PE. The accused gave his statement and stated that he does not want to answer any question and gave his written submission Ex.DA. The identity card of the accused was effected from the place of occurrence and the recovery of pistol from the accused proved the case set up by the prosecution against the accused.