SATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of aforementioned four appeals directed against the judgment of conviction and order of sentence dated 18.02.2002 and 20.02.2002 respectively rendered by the learned Additional Sessions Judge, Faridabad, whereby the appellants namely Satish son of Mahavir; Jintender @ Jitey son of Nathan; Sanjay son of Banwari Lal Gupta; Jitender @ Jitan son of Phirey and Vicky @ Vikash son of Satish were convicted for the offences punishable under Sections 148 and 302 read with Section 149 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2000/- each.

(2.) CRA No.368-DB of 2002 filed by Sandeep Gupta stands accepted vide separate order of today itself, in view of the report received that he was juvenile on the date of commission of offence. Therefore, the remaining appeals are being taken up for decision together.

(3.) The prosecution case was set in motion on the statement of Vikramjit Singh, brother of the deceased Pritpal Singh, made to SI Vishnu Dutt, P.S. Central, Faridabad on 10.09.1999 at about 12.30 AM (mid night). In his statement (Ex.PC), Vikramjit Singh stated that they are three brothers. Eldest is Amarjeet Singh, then he himself and next was Pritpal Singh. Pritpal Singh was studying in 10+2. It is stated that 4/5 days earlier, there was an altercation and Sandeep Gupta son of Suresh Chand Gupta, resident of H.No.802, Sector 37, Faridabad as well as his friends Vicky Vidhuri, Jitender @ Jitan, Jitey, Satish and Sanjay had beaten his brother Pritpal Singh. Thereafter, he and his family members summoned Sandeep Gupta and his friends and got the matter patched up with his brother Pritpal Singh. On 08.09.1999, his brother Pritpal Singh told him that Sandeep Gupta and his friends have stated to him that they have not entered into any compromise and they must take revenge. He further stated that today at about 10.00 PM, he and his brother Pritpal Singh were going to their residence in Sector 16, Faridabad and when they reached near the Community Hall on the road leading to the Police Station, they noticed that Sandeep Gupta and his aforesaid five friends were standing near the park.