ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned State counsel has filed reply by way of affidavit of Sh. Atma Ram Bishnoi, Superintendent District Jail, Sirsa mentioning the period of imprisonment undergone by the applicant/appellant No. 4 - Satya Parkash in Court. The same is taken on record. Heard learned counsel for the parties.

(2.) The Criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of applicant/appellant No-Satya Parkash during the pendency of the appeal.

(3.) In the incident that had occurred on 09.02.2009, it has been alleged by Mahinder Singh (complainant) that on 09.02.2009 at about 5.00 pm, he along with his uncle Krishan son of Manphool was sitting in the street in front of his (Krishan's) house. Rohtash (PW 11) who was residing with his brother-in-law Jagdish was also standing with him (complainant) in the street. At that time, a Maruti car No. DL-4CF-0825 with black colour window panes came from the west side. The occupants of the car fired with guns after opening the window panes of the front window of the car. One fire shot hit Mahinder Singh (complainant) on his left elbow and the second hit him on his leg. In the meantime, Jagdish son of Vijay Singh came at the spot and thereafter the assailants fired at Rohtash (PW-11) after getting down from the car. The fire shot hit Rohtash (PW-11) on his left shoulder and some pellets hit on his mouth also. In the meantime, Jagdish son of Vijay Singh came at the spot and thereafter the assailants fired at Rohtash (PW-11) after getting down from the car. There were six assailants including Ram Niwas (appellant No. 2), Surya Parkash (acquitted) and Ashok (appellant No. 1) who were already known to Mahinder Singh (complainant). The remaining could not be identified by him. Ashok (appellant No. 1) fired on them while Ram Sarup (appellant No. 3) was driving the car. They had attacked them owing to a previous murder.