VINOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant, namely, Vinod @ Raje, has filed this appeal against the judgment dated 05.03.2013, passed by the learned Additional Sessions Judge, Jhajjar, vide which the appellant was convicted under Section 304 (Part-I), 307 of Indian Penal Code and Section 25 of Arms Act and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo simple imprisonment for a period of six months under Section 304 (Part-I) IPC, sentenced to further undergo rigorous imprisonment for a period of seven years and fine of Rs. 1,00,000/- and in default of payment of fine to further undergo simple imprisonment for a period of six months under Section 307 IPC and to further sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs. 5,000/- and in default of payment of fine to further undergo simple imprisonment for a period of two months under Section 25 of the Arms Act. The brief facts of the case in hand, as noticed by the learned trial Court are that, on 20.08.2009 at about 04.30 p.m., the complainant, namely, Govind (PW-3), aged about 26 years, Salesman in Vodafone Company, Jhajjar, was collecting payments of Vodafone coupons from shopkeepers at Rewari Road, Silani Gate, Jhajjar. After collecting the amount from M/s. Yadav Communication when he reached near Babloo Wali Piaoo on his motorcycle, all of sudden two young boys came on a motorcycle and got stopped his motorcycle. Karambir kept sitting on the motorcycle, whereas, accused-Vinod asked the complainant on gun-point, to hand over the bag containing Rs. 40,000/- in cash and a few coupons of Vodafone. Complainant tried to resist them. Accused Vinod then fired a gun shot in the air and second on the floor, pellets of which struck on the left knee of the complainant. Third gun-shot struck against right wrist of the complainant whereas forth gun-shot struck against the belt of the bag as a result of which it broke down. Accused Vinod snatched the bag and both the assailants then ran away on their bike, but the bike slipped after covering a distance of about two acres. Accused Vinod then gave a gun-blow to his own companion Karambir and ran away from the spot carrying the snatched bag. Public gathered at the spot and shifted the complainant Govind as well as assailant Karambir to General Hospital, Jhajjar, from where they were referred to PGIMS, Rohtak. Karambir succumbed to his injuries.

(2.) After completion of investigation, the challan against the accused-appellant was presented before the Chief Judicial Magistrate, Jhajjar. Since, the offence was triable by the Court of Sessions, therefore, the case was committed by learned Chief Judicial Magistrate, Jhajjar, to the Court of learned Sessions Judge for trial vide order dated 04.03.2010. The charge was framed against the accused-appellant vide order dated 28.04.2010, to which he pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution examined the following witnesses:--