VIRENDER SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Virender Singh, Amar Singh and Kamal Singh have preferred the instant appeal against the judgment of conviction dated 19.09.2008 and order of sentence dated 22.09.2008, passed by Addl. Sessions Judge, Faridabad, vide which they have been held guilty for the commission of offence punishable under Section 302 read with Section 34 IPC and accused Virender Singh has also been held guilty for the commission of offence punishable under Section 27 of the Arms Act. Accordingly, appellants have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of four months each under Section 302 read with Section 34 IPC. Appellant Virender Singh has also been convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of four months under Section 27 of the Arms Act. Both the sentences of appellant Virender Singh were ordered to run concurrently. However, accused Bhim Singh has been acquitted.

(2.) Brief facts of the prosecution case are that on 13.06.2007, a telephonic message was received in Police Station Hodal from Inderjit, who intimated that Amar Singh, Virender and Kamal Singh had murdered his brother Girraj with lathies and gunshot and his dead body was lying in Civil Hospital, Palwal. On this intimation, Sub Inspector Jai Kishan alongwith other police officials reached Government Hospital, Palwal, where Vir/Bir Singh met them and got recorded his statement in which he stated that on that day i.e. 13.06.2007, he, Girraj and Inderjit had gone to attend Panchayat and after conclusion of Panchayat, they were returning back to their house. On the way, they went to the house of Hukam Singh for smoking 'hukka' where Hukam Singh was already sitting in the 'Baithak' (drawing room). Complainant further stated that Virender accused of their 'Mohalla' is a vagabond (awara), who was made to understand 2-3 days prior by Girraj that it is not good to indulge in these activities (awaragardi) in village and mohalla. Virender and his brothers got furious on this matter. On that day, at about 6:15 p.m., Amar Singh and Kamal armed with 'lathis' came in the 'Baithak' of Hukam Singh and told Girraj that they will make him leader. On seeing so, Amar Singh gave a lathi blow on the right leg and Kamal gave a lathi blow on the back of Girraj. In the meantime, Virender armed with double barrel gun came there and fired upon Girraj with an intention to kill him. One bullet hit in the chest towards left side and another bullet hit left armpit of Girraj. Complainant and Inderjit made noise and tried to catch the accused but they all three alongwith their weapons ran away and while going, they threatened to kill them. When Girraj was being shifted to hospital for treatment, he succumbed to the injuries on the way. Dead body of Girraj was lying in the Dead House, Palwal. It is also stated in the FIR that the accused have a double barrel licenced gun. Statement of complainant was completed at about 9:05 p.m. Ruqa was sent to the police station on the basis of which FIR was registered. Then the Inquest proceedings of the dead body were conducted and inquest report Ex.PB was prepared. Postmortem examination on the dead body of Girraj was got conducted by moving application Ex.PA/1.

(3.) Investigating Officer proceeded to the place of occurrence and prepared rough site plan Ex.PF. Blood stained earth was lifted. On 15.06.2007, accused Virender Singh was arrested. On interrogation, he suffered disclosure statement Ex.PH and in pursuance thereof, he got recovered a gun and two empty cartridges and the same, after converting into sealed parcel, were taken into police possession vide recovery memo Ex.PG. On 25.06.2007, accused Amar Singh and Bhim Singh were arrested. On interrogation, they suffered disclosure statement and in pursuance thereof, Amar Singh got recovered licence of the gun and five cartridges and Bhim Singh got recovered motorcycle make 'Pulsar'. Accused Kamal was arrested on 09.07.2007. Statements of witnesses were recorded. After completion of investigation, challan against the accused was presented before the Court.