PARGAT SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by appellants-Pargat Singh, Jasbir Lal alias Jassa, Charanjit Singh alias Soni and Paramjit Singh alias Pamma against the judgment of conviction and order of sentence dated 7.4.2010/9.4.2010 passed by Additional Sessions Judge (FTC), Karnal, whereby they have been held guilty and convicted for the offences punishable under Sections 397 and 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). They have been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo imprisonment for two months each for the offence under Section 397 read with Section 34 IPC. They have also been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo imprisonment for two months for the offence under Section 302 read with Section 34 IPC. Both the substantive sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Vivek Singh, which he got recorded to Inspector/SHO Rajinder Singh, Police Station, Assandh on 17.1.2007 at 9.15 p.m. In the statement, Vivek Singh stated that he was posted as Teacher in Government Senior Secondary School, Village Jatal.

(3.) On 17.1.2007, after school hours, at about 2.00 p.m., he started for his Village Phaphrana. He had also constructed a house in Assandh. Firstly, he went to his house in Assandh and then along with Ramesh Singh on a motorcycle he started for Village Phaphrana and when at about 6.45 p.m. they took a turn on Salwan road towards Village Phaphrana, a noise of gun fire came from Village Phaphrana. On this, in the light of motorcycle, they saw that two-three boys were scuffling on the road and nearby two motorcycles were standing. The complainant reached near the place after driving the motorcycle speedily and they saw that 2-3 persons ran away towards Village Salwan on said two motorcycles. Because of fear, he and Ramesh remained standing nearby the road. Because of dark, they neither could note the registration number of the motorcycles, nor could identify drivers of those motorcycles. They were saying to give more race to the motorcycles. While reaching near, he and Ramesh Singh found his uncle Randhir Singh. They found a serious wound on his right temple. His uncle Randhir Singh was running a clinic in Rajaund and used to go to Rajaund every morning on his motorcycle bearing registration No.HR-60-8356, make Splendor Plus. His uncle Randhir Singh had been murdered by gun shot by some unknown persons. He could identify the voice of person who was talking, if he is produced before him. Thereafter, he informed Joginder Singh, Sarpanch of his village, who came on the spot on receiving the information. Leaving Joginder Singh, Sarpanch and Ramesh Singh near the dead body, he was going to inform the Police and the Police party met him in the way. After recording his statement, 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.