LAKHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of Additional Sessions Judge, Sonepat, dated 24.7.1992, whereby Lakhi Ram appellant was convicted under Section 307 of the Indian Penal Code, for firing at Suresh and causing injuries on the palm of his right arm. He was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one year. He was also convicted under Section 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 250/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. Both the substantive sentences of imprisonment were ordered to run concurrently. Umed Singh, Vijinder and Rajpal alias Rajinder appellants were convicted under Section 307 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/- each. In default of payment of fine the defaulting appellant was ordered to undergo further rigorous imprisonment for one year.

(2.) In brief facts relevant for the disposal of this appeal are that on 2.10.1989, at about 5 P.M. Suresh P.W. along with his father Piare Lal, Raghbir Singh and Sube Singh were sitting his Pauli (Baithak). At that time Lakhi Ram accused named with a single barrel gun, Umed Singh accused armed with a Kasola and Vijinder and Raj Pal alias Rajinder accused armed with Jalleys came there and raised lalkara that they would kill Suresh P.W. and take revenge from him for quarrelling with Lakhi accused on the previous occasions. Immediately thereafter Lakhi Ram accused fired from hisT gun hitting Suresh on the palm of his right arm. Thereafter all the four accused ran away from the spot along with their respective weapons. Suresh injured was first removed to Primary Health Centre, Khorkhoda then to Medical College Hospital, Rohtak and got admitted there. On the basis of the Statement of Raghbir Singh P.W. formal First Information Report was registered at the Police Station at 11.55 P.M. on the same day. However, statement of Suresh P.W. was recorded on 4.10.1989 when he was declared fit to make a statement by the doctor. Raj Pal alias Rajinder and Lakhi Ram accused were arrested on 5.10.1989 and on the next day in pursuance of his disclosure statement, Lakhi Ram accused got recovered his licensed gun and belt containing to live cartridges which were duly taken into possession through seizure memo. After arrest of the other accused and completion of the investigation, all the four accused were challaned, tried, convicted and sentenced as stated earlier.

(3.) The learned counsel for the parties were heard. The ocular account in the instant case rests on the testimony of Suresh injured, his father Piare Lal and Raghbir Singh first informant who is a Police Inspector and had come to his village on leave on the day of occurrence.