PARDEEP @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Crl. Misc. No.3134 of 2013 in Crl. Appeal No.D-941-DB of 2009 filed by Khaddu @ Kuldeep (applicant/appellant) and Crl. Misc. No.5527 of 2013 in Crl. Appeal No.D-935-DB of 2009 filed by Pardeep @ Kala (applicant/appellant). Applicants/appellants-Khaddu @ Kuldeep and Pardeep @ Kala in their respective criminal miscellaneous applications in the pending appeals seek suspension of sentences of their imprisonment during the pendency of the appeals. They stand convicted by the learned Sessions Judge, Karnal for the offence punishable under Section 302 read with Section 34 IPC. Pardeep alias Kala (applicant/appellant in Crl. Misc. No.5527 of 2013 in Crl. Appeal No.D- 935-DB of 2009) has also been held guilty and convicted for the offence punishable under Section 419 IPC and Section 25 of the Arms Act; besides, Khaddu alias Kuldeep (applicant/appellant in Crl. Misc. No.3134 of 2013 in Crl. Appeal No.D-941-DB of 2009) has been found guilty and convicted for the offence punishable under Section 25 of the Arms Act. By a separate order, they have been sentenced to imprisonment for life; besides, pay a fine of Rs.5000/- each and in default thereof to undergo rigorous imprisonment for three years for the offence under Section 302 read with Section 34 IPC. They have also been sentenced for varying terms for the other offences. However, all the sentences have been ordered to run concurrently.

(2.) The FIR in the case has been registered on the statement of Sultan Singh (PW-11) who made his statement (Ex.PJ) before Inspector Vijender Singh (PW-16) at the gate of General Hospital, Karnal. According to the complainant, his brother's son Pawan Kumar (deceased) used to drive his car as a taxi at bus stand Karnal. In the evenings he used to return home. On the date of the incident i.e. 28.12.2007 at about 3.00 pm, the complainant-Sultan Singh along with Subhash (who was not examined in the trial) and Balbir Singh (PW- 12) had come to bus stand, Karnal to meet Pawan Kumar (deceased). They met Pawan Kumar (deceased) while sitting on a wooden 'takhat' (platform). At about 3.30 pm when they were talking amongst themselves, three boys came to the taxi stand and started talking to the taxi drivers to book a taxi for Kaithal. Jatinder (PW-17) asked them to get their names and addresses written but they refused. On this the driver standing nearby said that the police be called. On this one of the three young boys fired a shot from his pistol which hit the front window screen of a 'Tavera' vehicle. On account of the said firing commotion occurred there. The same boy then again fired a shot which hit Pawan Kumar on the front side of his neck. On receiving the said shot, Pawan Kumar fell on the 'takhat' (platform). Out of the said three boys, one said, "Ajay , Vijay had fired from pistol and one person had also suffered a fire arm shot". The other boy out of the two remaining boys said, "Khaddu @ Kuldeep let us also take Vijay along with us". Saying so the said three boys ran towards DAV School side. While running, the same boy also fired shots in the air.

(3.) In the meanwhile, the police reached there. The police and taxi drivers chased them and the boy, who had fired shots was apprehended near DAV School. Sultan Singh (PW-11) and Balbir Singh (PW-12) brought Pawan Kumar to General Hospital, Karnal but during his medical treatment, Pawan Kumar succumbed to the fire arm shot that he had suffered. After leaving Balbir Singh (PW-12), the complainant (PW-11) was going to the police station, Civil Lines, Karnal to inform the police. The Police met them at the gate of General Hospital, Karnal and his statement has been recorded.