STATE OF HARYANA Vs. NARENDER AND ANOTHER

JUDGEMENT

(1.) This order will dispose of two criminal appeals Nos.CRA No.D-501-DBA of 2007 and CRA No.S-5-SB of 2007 filed by the State of Haryana and accused Surender @ Sulla, respectively, arising out of the same judgment and order dated 21.11.2006 and 23.11.2006 passed by learned Addl. Sessions Judge, Gurgaon, vide which accused Surender @ Sulla, Narender and Dharambir @ Dharmi were tried under Sections 307 read with Section 34 IPC, 120- B IPC and 25 of the Arms Act for alleged attempting to commit the murder of Ranbir Singh, complainant in the court premises, Gurgaon. As a result of the trial, accused Surender @ Sulla was convicted under Section 307 IPC and 25 of the Arms Act and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/- and in default thereof to further undergo to simple imprisonment for one month for the offence punishable under Section 307 IPC. He was also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- and in default thereof to further undergo simple imprisonment for a period of 15 days for the offence punishable under Section 25 of the Arms Act. Both the sentences were directed to run concurrently. Remaining two accused Narender and Dharambir @ Dharmi were acquitted. Surender @ Sulla has filed Criminal Appeal No.S-5-SB of 2007, whereby he has challenged the order of his conviction and sentence whereas State of Haryana has come up in Criminal Appeal No.D-501-DBA of 2007, challenging the acquittal of Narender and Dharambir @ Dharmi.

(2.) Briefly stated that on 16.08.2005, Ranbir Singh (complainant) had come to court complex, Gurgaon as Adesh and Arvind sons of Krishan Kumar (deceased) had to appear as witnesses. Ranbir Singh was worried about the security of Adesh and Arvind on account of the fact that about two years ago Krishan Kumar son of Ram Chander, who was brother of the complainant from relationship was murdered by Dharambir @ Dharmi, Girraj, Jeetu and others in furtherance of conspiracy with Surender @ Sulla. At about 11.00 a.m., the complainant, Suraj and Parvesh were standing outside the court. Surender @ Sulla, his brother Narender and 5-6 boys came outside the court premises of Shri K.C. Sharma, Addl. Sessions Judge, Gurgaon. All of sudden Surender @ Sulla took out the pistol and aimed the same at the complainant and fired twice. But the cartridge did not fire and missed. Suraj, PW8 immediately over powered Surender @ Sula. The police present at the spot also over powered Surender @ Sula along with the pistol. The other companions of Surender @ Sula ran away from the spot. On the basis of the statement Ex.PF of Ranbir Singh recorded by Sub Inspector Devi Lal, In-charge Police Post, Khandsa Road, P.S. City, Gurgaon, a formal FIR EX.PF/2 was registered. Initially, challan was presented against abovesaid persons and one Dharambir son of Chiranji Lal. However, during the commitment proceedings, Dharambir son of Chandan Singh was murdered in the court complex on 15.02.2006 and the proceedings against him stood abated.

(3.) The accused were served charge sheet under Section 307 read with Section 34 IPC and 120-B IPC. Surender @ Sula was also charge sheeted under Section 25 of the Arms Act. In support of its case, the prosecution examined as many as 11 witnesses.