VIRENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants, namely, Virender Singh and Devender @ Gorkhi, have filed Criminal Appeal No. S-192-SB of 2003 and Criminal Appeal No. S-1022-SB of 2003, against the judgment dated 17.12.2002 and 19.12.2002, passed by the learned Additional Sessions Judge (Ad hoc) Fast Track Court-II, Faridabad, vide which the appellants were convicted and sentenced to undergo imprisonment for a period of seven years and to pay a fine of Rs. 3,000/-, under Section 307 read with Section 34 IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each. The appellants were also sentenced to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs. 1,000/- each under Section 452 IPC and in default of payment of fine to further undergo further imprisonment for a period of two months. The sentences were ordered to run concurrently. The brief facts of the case in hand, recorded by the learned trial Court in its judgment are that, on 04.05.1997, at about 09:15 p.m. PW-4, Brij Mohan, was lying on a cot in his room. His brothers Dulle Ram and Jai Ram were also lying on cots on 'Chabutra'. Virender and one more person came to his house and called him to come out of his room. He asked them to come in the room where he was lying. On entering the room, accused-Virender who was having a country-made pistol with him, fired a shot hitting him below his left ear. Particles like pellets hit his entire face. On hearing the shot, both of his brothers came down to his room. He also stated that he already knew Virender and that he had completely seen the face of the other person who was accompanying Virender. He further stated that while going, Virender had also given a threat that this time he was saved and would not be spared next time. His both the brothers, who had also come to his room, chased the accused, but did not succeed. PW-4, Brij Mohan further stated that the motive of firing a shot at him by Virender was that in the year 1988, he had purchased one Killa of land from Ganga Lal, a collateral of Virender, on account of which Virender was nursing a grudge against him since then. After having received the shot injury, he was taken to General Hospital, Palwal from where he was referred to Safdarjung Hospital.

(2.) After completion of investigation, the challan against both the accused-appellant was presented before the Magistrate's Court. Since, the offence was triable by the Court of Sessions, therefore, the case was committed to the Court of learned Sessions Judge, Faridabad, for trial. The charge was framed against the accused-appellants vide order dated 24.08.1998, under Sections 452,307 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.

(3.) To prove its case, the prosecution examined PW1 ASI Rohtas Singh, PW2 Suresh Kumar, PW3 Dr. V.P. Gupta, PW4 Brij Mohan-the complainant, PW5 Jai Ram, PW6 HC Braham Parkash, PW7 ASI Ram Rattan, PW8 Inspector Daryao Singh, PW10 Inspector Sanwal Singh, PW11 Constable Balvinder, PW12 Inspector Suraj Bhan, PW13 S.P. Mamta Singh, PW14 Sarvan Kumar and PW15 SI Surjit Kumar.