DAYA CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the impugned verdict, as made on 29/10/2009, by the learned Additional Sessions Judge-II, Bhiwani, upon Sessions Case No. 41 of 2008, wherethrough, in respect of the charges drawn for the offences punishable under Ss. 302, 452, 506, 216 of the IPC, and, under Sec. 25 of the Arms Act, he proceeded to make a verdict of acquittal, in respect of accused Mohar Singh, accused Maya Devi, and, accused Jai Bhagwan, but proceeded to record a verdict of conviction against co-accused Daya Chand, qua charges drawn against him, for the offences punishable under Ss. 302, 452, 506 of the IPC, and, for a charge drawn in respect of an offence punishable under Sec. 25 of the Arms Act. Moreover, vide a separate sentencing order, drawn on 31/10/2009, the learned trial Court, proceeded to impose, upon the convict, the sentence of life imprisonment qua an offence punishable under Sec. 302 of the IPC, and, also imposed upon the convict sentence of rigorous imprisonment for a term extending upto two years, in respect of an offence punishable under Sec. 452 of the IPC, besides in respect thereof, imposed a sentence of fine of Rs.500.00, and, in default of payment of fine, the convict became sentenced to undergo rigorous imprisonment for a term extending upto a period of 15 days. Moreover, through the above drawn sentencing order, the learned trial Court proceeded to sentence the convict to undergo rigorous imprisonment, for a period of two years, in respect of an offence punishable under Sec. 506 of the IPC. In addition, in respect of an offence punishable under Sec. 25 of the Arms Act, he proceeded to sentence the convict to undergo rigorous imprisonment for a period of two years, and, also imposed, upon him a sentence of fine of Rs.200.00, and, in default of payment of fine, he sentenced the convict to undergo rigorous imprisonment for seven days.

(2.) Obviously, convict Daya Chand becomes aggrieved from the above recorded verdict of conviction, and, also, from the consequent therewith sentence(s) of imprisonment, and, of fine, as became imposed, upon him, and, hence becomes led to constitute thereagainst the instant appeal before this Court.Factual Background

(3.) The genesis of the prosecution case, becomes embodied in a signatured statement, as made by Dalbir, and, to which Ex. PA, is assigned. In pursuance to the above made signatured statement of the informant Dalbir, an FIR became registered at the police station concerned, and, to which Ex. PA/1 is assigned. The genesis of the prosecution case, as embodied in the appeal FIR, is that, the informant reporting to the police, that he is working as a JBT Teacher in village Dhoka Manja, besides, he has three brothers. He further echoes thereins, that they all are residing together. He makes a further ecohing thereins, that Daya Chand son of Mohar Singh had murdered Dalbir @ Billu, about 5-6 years ago, and, for which he was convicted and, sentenced for life imprisonment, however, after expiry of parole, he did not return to the prison, and, as, there were confrontations between the mother of the informant, and, the mother of the convict regarding water pipes, therefore, the convict is alleged to have threatened to kill the deceased. Furthermore, he narrates thereins, that since the convict did not, on expiry of the parole, return to the prison, hence, the police officials used to visit the abode of the convict for ensuring his retrieval to the prison concerned, and, the above aroused suspicion in the mother of the convict, that the informant is supplying information to the police about the whereabouts of the convict. On the fateful day, after the informant, and, his family members, had gone to sleep, then Triveni, wife of the informant, his deceased brother Sunil, and, his father Balwant, were sleeping on the cot in the baithak, which was having no doors, and, windows, then about 1.30 A.M., the informant heard the gun fire shot. The above fire shot led the informant, and, his wife to become alarmed, and, then there they saw that the deceased Sunil having received injuries on the left side of his head, and, that blood oozing therefrom. Moreover, he recites, that the convict was seen running away after shooting his brother Sunil, and, further he was seen to be holding a pistol in his right hand, and, while escaping, he was heard to mete threatenings to the informant. He narrates that the occurrence was also witnessed by his father.Investigation and committal proceedings