KHUSHI RAM ALIAS MAJOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Khushi Ram alias Major has filed this appeal against the judgment of conviction and order of sentence dated 14.9.2009 passed by Sessions Judge, Gurgaon, whereby he has been held guilty and convicted for the offences punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and Section 25 of the Arms Act. He has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 302 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 25 of the Arms Act. Both the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 5.12.2007, Head Constable Viney Kumar, Police Post, Sushant Lok, Police Station DLF, Gurgaon along with EHC Rishi Pal etc. was present on patrolling and for checking of crimes near Kanhai Chowk. There, they found a young boy coming running from Sushant Apartments side, who was apprehended on suspicion. On inquiry, he disclosed his name as Khushi Ram alias Major and on search, from the right pocket of his pant, one country made pistol of 12 bore and one empty cartridge of 12 bore in its barrel was found.

(3.) Accused was arrested and information in this regard was given to In-charge, Police Post, Sushant Lok, SI Daya Nand, who came to the spot and thereafter took over the investigation of this case from him. After preparing sketch, the pistol and cartridge were converted into a sealed parcel and taken into Police possession through recovery memo. No licence was produced. 'Ruqa' was sent to the Police Station at 11.00 p.m. for registration of the case and FIR No.541 dated 6.12.2007 was registered for the offence under Section 25 of the Arms Act at Police Station, DLF, Gurgaon. Then SI Daya Nand, In-charge, Police Post, Sushant Lok wrote a letter to Station House Officer, DLF, Gurgaon, who sent the same to SHO, Sector 56, Gurgaon, wherein it was mentioned that while conducting investigation of the case registered for the offence under Section 25 of the Arms Act near Kanhai Chowk, where accused Khushi Ram alias Major on further interrogation, while in Police custody, disclosed regarding the murder of Monu, as such he could go to the place of killing and could get his dead body recovered. Disclosure statement of Khushi Ram alias Major was recorded and signed by the accused. Then accused Khushi Ram alias Major on the basis of the above said disclosure statement, while in Police custody, led the Police party from Kanhai Chowk to Gate No.4 of RD City near Wazirabad road, on a 'Katcha' path, from road to RD City, demarcated the place of occurrence and got recovered the dead body of Monu. On the back of Monu, there was a sign of hitting of bullet and there was clotted blood. It was written in this letter that accused Khushi Ram alias Major, above said, by committing the murder of Monu had committed the offences punishable under Section 302 IPC and Section 25 of the Arms Act. This letter was sent at 12.15 a.m. On the basis of this letter, formal FIR No.276 dated 6.12.2007 was registered at Police Station, Sector 56, Gurgaon for the offences under Section 302 IPC and Section 25 of the Arms Act.