RAVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Ravinder Singh has filed this appeal against the judgment of conviction and order of sentence dated 22.10.2008/27.10.2008 passed by Additional Sessions Judge, Sonepat whereby he has been held guilty and convicted for the offences under Sections 302 and 307 of the Indian Penal Code (hereinafter referred to as 'IPC') and Section 27 of the Arms Act and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- 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 ten years and to pay a fine of Rs. 3,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 307 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Section 27 of the Arms Act. However, all the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR has been recorded on the statement of Bijender Singh, who made his statement to SI/SHO Dhoop Singh, Police Station, Sadar, Gohana on 26.1.2006 at about 1.15 a.m. He stated that in the morning of 25.1.2006, his brother Narender had gone with Hem Raj to attend marriage in a Tata Sumo No.HR-55BT- 1407. When Narender did not return till late night hours, he went to the house of Hem Raj to know his whereabouts, where Balwan son of Daya Chand met him and told that Hem Raj had not come yet to the house. When they were talking, meanwhile at about 11/11.30 p.m., a telephonic message was received from Hem Raj at the house of Balwan to the effect that they had been ruined, come soon. He asked him what had happened. Hem Raj told that Ravinder son of Hanmat, caste Jat resident of Bijawa, who is police employee and is the gunman of Ramphal Chidana, MLA of Halqa Baroda, had fired shot upon him as well as on Narender with his revolver. They may be saved. They were lying near turning of village Jawahra. At this, the complainant along with Balwan, Ramesh and Karambir reached the spot in their own vehicle. They saw there that complainant's brother Narender was lying alongside the road in dead condition on sustaining bullet injuries underneath his left armpit. Hem Raj was found lying in aforesaid Tata Sumo in injured condition after sustaining bullet injuries. Balwan and Ramesh took Hem Raj to hospital at Panipat for treatment. The motive behind the occurrence was that Narender and Hem Raj had altercation with Ravinder during the election of Legislative Assembly. Having that grudge, Ravinder fired shot upon his brother Narender and Hem Raj. When the complainant was going to police station for giving information, leaving his brother Karambir near the dead body, then the Police party met him near Dhurana Railway crossing and he got recorded his statement. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.

(3.) Thereafter, the Investigating Officer SI/SHO Dhoop Singh along with Bijender reached the place of occurrence. Jagdish, Photographer was summoned at the spot. Spot was inspected. The dead body of Narender (deceased) was lying by the side of the road. The place of occurrence was got photographed. Blood stained earth was taken into Police possession after preparing a sealed parcel. Tata Sumo was also taken into Police possession. Inquest proceedings Ex.PJ/2 of the dead body of Narender (deceased) was prepared. The dead body of Narender was sent for postmortem examination to CHC, Gohana. Rough site plan was prepared.