RINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the judgment of conviction dated 27.03.2012 and order of sentence dated 28.03.2012 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhari, whereby appellants were convicted and sentenced under Section 307 read with Section 34 of the Indian Penal Code (in short 'the IPC') to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000/-, and in default of payment of fine, to undergo further rigorous imprisonment for a period of six months, in a case arising out of FIR No.142 dated 3.11.2007, registered at Police Station Chhachhrauli, under Sections 307/34 IPC and 25/54/59 of the Arms Act. However, accused- Rinku who was also charged for offence under Section 25/54/59 of the Arms Act, was acquitted of the same. Brief facts of the present case are that on 3.11.2007, SI/SHO Piara Singh had come to the Court at Kurukshetra for his deposition in a case arising from FIR No.312/04, under NDPS Act, Police Station Shahabad where he received a telephonic message about gun-shot incident in village Ismailpur. Upon this, SI/SHO Piara Singh after obtaining permission from the Court reached Police Station Chhachhrauli, where ASI Raghbir Singh had given him information from village Ismailpur that Rinku son of Sham Lal, r/o Ismailpur and others had fired shot at Nittu son of Ishran Singh, r/o Ismailpur. Upon this, SI/SHO Piara Singh along with other officials reached Gaba Hospital, Yamuna Nagar in a Govt. vehicle bearing No.HR-2K-3400 driven by EHC Rai Singh where opinion of doctor was sought and there injured Nittu alias Suraj Mohan got his statement recorded. In his statement, injured-Nittu alleged that his father died about 1 1/2 year back. They are two brothers who are married. He is elder one and Ravinder is his younger brother. He has three sisters who are also married. His mother is alive. Both brothers are living jointly and are agriculturist. The fields of Suresh son of Illam Singh and Jai Kumar son of Bhopal Singh, residents of Ismailpur are also adjacent to his fields. On that day, he went to his fields for preparing 'DOLS' of his fields where wheat was sown. He was returning back to his house on his black coloured Pulsar motor-cycle bearing registration No.HR 02R-6231 after preparing said DOLS. Suresh son of Illam Singh and Jai Kumar son of Bhopal Singh, r/o Ismailpur were also returning back after finishing their work through katcha gohar. At about 8.00/8.30 a.m, when he crossed Suresh and Jai Kumar while going towards his village near sugarcane fields, in the meantime 8/9 persons including Rinku son of Sham Lal, Barkha son of Babu, Parveen son of Inder, Sanjay son of Balbira, Parveen son of Kali Ram, Sanju son of Rodu, Chandan son of Rulia, all residents of Ismailpur and Samrat @ Sonu son of Bhola Singh, r/o Vijay Nagar Colony, Yamuna Nagar and Jagtar son of Kirpal Singh, r/o Thandro Police Station Ismailabad, District Kurukshetra came at once in front of him out of the sugarcane fields from both the sides who were already hiding themselves there in furtherance of their common object. Rinku son of Sham Lal, Barkha son of Babu Ram, Sanjay son of Balbira, Samrat son of Bhola Singh were armed with weapons whereas others were having small gandasis meant for cutting sugarcane. Rinku while giving lalkara asked to teach lesson to Nittu for getting them apprehended and said he should not be allowed to go alive. On this Rinku fired on him (complainant) with a weapon in his hand with an intention to kill him which hit on the right side of his chest. Thereafter, Barkha son of Babu Ram had also fired on him with a weapon in his hand, the pellet of which hit on his face near nose. Sanjay son of Balbira also fired on him which hit on the "show" (visor) above the head light of his motorcycle. Thereafter, Samrat fired from his weapon which hit on the left side of the oil tank of his motor-cycle. Parveen son of Inder, Parveen son of Kali Ram, Sanju son of Rodu, Chandan son of Rulia and Jagtar son of Kirpal also attacked on him with their small gandasis on both sides. He got frightened from the occurrence and as he was sitting on the motorcycle he rescued himself by giving race and also raised alarm saying bachao-bachao. Suresh son of Ilam, Jai Kumar son of Bhopal Singh who were coming behind him asked him to run in the village otherwise they all would kill him. On this, he reached in his chopal by motorcycle where his uncle Sitam Singh son of Karta Ram and his brother Ravinder were sitting. He told the entire occurrence to them. Blood was oozing from his body. He was taken for treatment in Gaba Hospital by his uncle Sitam and brother Ravinder in a car where he was given treatment by the medical officer. The rancour for this present incident is that Rinku, Samrat and Jagtar were apprehended by the police for having illegal arms and ammunition. They though that the complainant had informed the police about this. Police had challaned them, therefore, they were nourishing grudge against him. Due to this reason, all the accused in furtherance of their common object had committed murderous attack on him. The whole occurrence had been witnessed by Suresh son of Ilam Singh, Jai Kumar son of Bhopal Singh, r/o Ismailpur. On this, FIR under Section 148, 149, 307 IPC and Section 25/54/59 of Arms Act was registered and investigation was carried out by SI/SHO Piara Singh. Accused Sanjay son of Balbira, Barkha son of Babu Ram, Sanjiv son of Telu Ram @ Rodu, Parveen son of Inder Pal, Parveen son of Kali Ram, Chandan Ram son of Rulia, all residents of Ismailpur were joined in the investigation who were found to be innocent. Offences under Sections 148/149 IPC were removed from this case. Thereafter, on 18.4.2008, accused Jagtar Singh son of Kirpal Singh, r/o Thandro, P.S. Ismailabad, Kurukshetra was arrested in a case No.58 dated 18.04.2008, under Section 25/54/59 of the Arms Act, Police Station Chhachhrauli who made a disclosure statement Ex.PW 1/A that about 5 1/2 month back he and Samrat Singh son of Bhola, r/o Vijay Nagar Colony, Yamuna Nagar and Rinku son of Sham Lal, r/o Ismailpur, Police Station Chhachhrauli had fired on Nittu son of Isham, r/o Ismailpur with an intention to kill him and the said desi katta (country made pistol) was given to him by Samrat which has been concealed by him in a box in his residential house at village Thandro and he can get the same recovered on which the accused as well as witnesses appended their signatures. After that in pursuance of disclosure statement the accused had got a country made pistol .312 bore and seven live cartridges recovered out of an iron box from his house in village Thandro, Police Station Ismailabad which were taken into police possession vide recovery memo Ex.PW 1/B which was signed by the witnesses. After completion of investigation, report under Section 173 Cr.P.C was presented against Jagtar Singh and accused Rinku and Samrat were declared proclaimed offenders and the case was committed to the Court of Sessions for trial.

(2.) ON finding a prima facie case, accused-Jagtar was charge- sheeted under Section 307 read with Section 34 of the Indian Penal Code and 25/54/59 of the Arms Act. At the time of recording the prosecution evidence, the prosecution moved an application under Section 319 Cr.P.C. Barkha Ram son of Babu Ram, Parveen son of Inder, Sanjay son of Balbir, Parveen son of Kali Ram, Sanju son of Rodu and Chandan son of Rulla Ram were ordered to be summoned to face trial as additional accused under Sections 148, 149, 307 of the IPC. After arrest of accused-Rinku and Samrat, supplementary challan was presented against them. The learned Trial Court framed charges under Sections 148/307 read with Section 149 of the IPC against accused Rinku, Samrat Singh, Barkha, Parveen son of Inder, Sanjay, Parveen son of Kali Ram, Sanju and Chandan. Besides this, charge under Section 25/54/59 of the Arms Act was also framed against accused-Rinku.

(3.) PW 1 ASI Ish Pal Singh proved the disclosure statement of accused-Jagtar Singh on the basis of which recovery of one countrymade pistol .315 bore and seven live cartridges from the house of Jagtar Singh situated in village Thandro, Police Station Ismailabad was effected. He proved recovery memo Ex.PW1/B vide which the countrymade pistol was taken into police possession. He proved the sketch of countrymade pistol Ex.PW1/C prepared by SI Prem Chand.