JAGDEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 26.09.2002, passed by the learned Addl. Sessions Judge, Rohtak, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2000/- under Section 30 of the Arms Act and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. However, co-accused namely Sudhir was also found guilty and convicted under Sections 302, 307 and 323 IPC and being juvenile, his case was sent to the Juvenile Justice Board, Rohtak for sentence.

(2.) The brief facts of the prosecution case are that on 17.12.1999, Inspector Thawar Singh on receiving V.T. message regarding a shooting incident, reached the place of occurrence. Ram Kishan, husband of complainant Angoori met him and produced accused Sudhir with double barrel gun of .12 bore. Injured persons i.e. Sharmila (since deceased), Rani and their mother Angoori Devi were already sent to PGIMS Rohtak. Then, the Investigating Officer along with accused Sudhir went to PGIMS Rohtak, where he received MLRs. Then statement of Angoori Devi was recorded. In her statement, she stated that her daughter Rani aged about 16 years made complaint to her that, while she was going to the school, accused Sudhir was following her and passed obscene gestures. At the time of making this complaint, Rani's brother Rajesh was present in the house. In the same evening at about 4.00 P.M.,when Rani was going for tuition, accused Sudhir again followed her in the street. The complainant, her son Rajesh and her husband Ram Kishan caught hold of him and rebuked. Accused threatened them to shoot saying that he was from Sonepat and his father was in police. Thereafter, the accused went to his house and they came back to their house. At about 6.00 P.M., when the complainant along with her husband Ram Kishan and daughters Sharmila and Rani was present in her house, accused Sudhir armed with double barrel gun came there and raised lalkara. Accused Sudhir fired a shot from the gun which hit on the right side of head of Sharmila. Accused fired another shot, which hit on right thigh of Rani. When Sudhir was trying to fire third shot, after loading the gun, he was caught hold by the complainant and her husband. In the scuffle, the third fire went in air. The gun was snatched from accused and in that process Angoori also received some injuries on her hands. Sharmila died due to the fire shot injury.

(3.) On the basis of this statement, ruqa was sent to the police station on the basis of which FIR was registered. Accused were arrested. After necessary investigation, challan was presented against the accusedappellant and co-accused.