DHEERAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred by accused-appellant Dheeraj Singh against the judgment dated 06.09.2002 passed by the then learned Sessions Judge, Gurgaon vide which accused-appellant was held guilty and convicted for the offence punishable under Sec. 302 of Indian Penal Code, 1860 ('IPC' for short) read with Sec. 25 of the Arms Act, 1959 and the order of quantum of sentence dated 11.09.2002, vide which the accused-appellant was sentenced to undergo imprisonment for life and to pay 2000.00 as fine for the offence punishable under Sec. 302 Penal Code. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of three months. He was also sentenced to undergo rigorous imprisonment for one year under Sec. 25 of the Arms Act, 1959.

(2.) The brief facts giving rise to this prosecution are that on 04.09.2000 PW-13 SI Murari Lal on receipt of medical ruqqa Ex.PO, went to General Hospital Gurgaon and recorded the statement of Jai Singh Chowkidar, Haryana Roadways, Gurgaon Ex.PA, wherein he stated that on 03.09.2000, his duty was at Bus Stand Gurgaon as Chowkidar. He was present outside the bus stand. At about 11:30 p.m., a rickshaw entered the bus stand towards the exit gate. A person of young age wearing Pajama and shirt and of medium height was sitting on the rickshaw, which was being plied by Ramjan, who was known to him. The person who was sitting on the rickshaw took out a pistol and all of a sudden fired a short which hit on the neck of Ramjan, the rickshawpuller. The said person after firing alighted from the rickshaw and ran towards city through Tonga Wali lane. Complainant Jai Singh raised alarm 'Pakro-Pakro'. In the meantime, Head Constable Shree Chand, Constable Yahaha Khan and Billu Balmiki arrived at the spot. Ramjan the rickshaw puller on receipt of the firm arm injury fell down on the ground. The complainant along with Yahaha Khan put him in the rickshaw. At that time he was gasping. Billu Balmiki plied the rickshaw and they proceeded towards the hospital. However, Ramjan died on the way and was taken to the hospital. On the basis of statement Ex.PP made by Jai Singh, formal FIR Ex.PP/2 was registered at Police Station City Gurgaon and investigation was started. The Investigating Officer carried out the inquest proceeding. The post-motrem examination was got conducted on the dead body vide request Ex.PB. The rickshaw was taken into possession vide memo Ex.PH. The Investigating Officer visited the spot and prepared the rough site plan of the place of occurrence Ex.PQ. He lifted the blood stained earth from the spot vide memo Ex.PJ in a sealed parcel. The belongings of the deceased were also taken into possession vide memo Ex.PM.

(3.) On 10.09.2000 accused-appellant Dheeraj was arrested. On his search a country-made .315 bore pistol was recovered. On interrogation he suffered disclosure statement Ex.PJ/1. In pursuance of his disclosure statement, he pointed out the place of occurrence vide memo Ex.PL and on completion of the investigation, the report under Sec. 173 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) was presented in the Court. The case was committed to the Court of Sessions for trial. The accused-appellant was charge-sheeted for the offence punishable under Sec. 302 Penal Code and 25 of the Arms Act, 1959 to which he pleaded not guilty and claimed trial.