RAJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Rajender Singh has filed this appeal against the judgment of conviction and order of sentence dated 27.10.2006/30.10.2006 passed by Additional Sessions Judge, Rohtak, whereby he has been held guilty and convicted for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') for causing murder of Siri Ram and Suraj Mal. He has also been held guilty and convicted for the offence punishable under Section 27 of the Arms Act for misusing his licensed gun. However, he has been acquitted for the offence under Section 323 read with Section 34 IPC. 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 two years for the offence under Section 302 IPC. He has also been sentenced to undergo rigorous imprisonment for two years for the offence under Section 27 of the Arms Act. Both the sentences have been ordered to run concurrently. However, accused Jai Bhagwan has been acquitted of the charges framed against him.

(2.) The brief facts of the prosecution case are that on 19.3.2003, ASI Jai Singh of Police Station, Sadar Rohtak received a V.T. Message that one Suraj Mal and Siri Ram had been brought in PGIMS, Rohtak in dead condition, upon which ASI Jai Singh along with other Police officials reached PGIMS, Rohtak. After receiving 'Ruqa' regarding the death of Suraj Mal and Siri Ram, he proceeded to Casualty ward. In the meantime, Mukesh also reached there from Civil Hospital, Rohtak, being referred by the doctor of Civil Hospital. His 'Ruqa' and MLR were also received from the hospital. After obtaining the opinion regarding the condition of Mukesh, his statement was recorded at 11.00 p.m. on 19.3.2003. In the statement, Mukesh son of Suraj Mal, complainant and eye witness to the occurrence stated that on 19.3.2003 at 6.00 p.m. Sandeep and Neeraj were quarreling after Holi in the street in front of their house. He went to them and got them separated, but Neeraj kept on abusing consistently. In the meantime, on hearing the noise in the street, Krishan father of Neeraj son of Jage Ram, Jai Bhagwan son of Krishan also reached there and started quarreling with him on the pretext that he threatened their son. The complainant's father Suraj Mal and his uncle Siri Ram also came there. After this, the dispute increased. At this, Krishan called his brother Rajender Singh and asked him to bring the gun and what would be the use of that gun. At this, Rajender Singh son of Jage Ram brought the DBBL gun and fired a shot from the corner of the street which hit complainant's father in the chest, second fire shot hit the left eye of his uncle. Neeraj hit the complainant with a brick on his head. The complainant fell down on the ground due to the injury. Ravinder son of Siri Ram and Guru Dutt son of Narain Dutt also came at the spot and they got the matter finished at that time. Rajender Singh also went to his house but kept firing on along with his brother and other family members. Bhupinder took complainant's father and uncle for treatment to PGIMS, Rohtak. The complainant went to Civil Hospital and the doctor referred him also to PGIMS, Rohtak. In PGIMS after coming there, the complainant came to know that his father as well as his uncle Siri Ram had died due to the firearm injuries. As per the MLR of Mukesh, one injury of Mukesh was of blunt nature. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.

(3.) Inquest proceedings Ex.P.29 and Ex.P.37 on the dead bodies of Suraj Mal and Siri Ram respectively were conducted on 20.3.2003. The Investigating Officer also moved an application for getting conducting postmortem examination on the dead bodies of Suraj Mal and Siri Ram. Then he proceeded to the spot. He found the dead body of Krishan lying in the house of Rajender Singh accused/appellant. He conducted inquest proceedings and prepared the inquest report Ex.P.43. Two fired cartridges were recovered underneath the dead body of Krishan deceased. Those were put into a sealed parcel and taken into Police possession vide recovery memo. Then the Investigating Officer proceeded to the spot i.e. the street. Blood stained earth was taken into possession vide seizure memo Ex.P.19. Three cartridges were taken into Police possession from the street, where it was turning towards the house of Rajender Singh accused, vide seizure memo Ex.P.18. He also lifted from the scene of occurrence, a 'Jutti' (shoe) Ex.P.35 and blood stained earth, which were taken into Police possession, vide memo Ex.P.20. Rough site plan was prepared. Photographer was called, who took photographs. Statements of witnesses were recorded.