DAVINDER SINGH SODHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment of conviction and order of sentence dated 18/20.07.2002 passed by learned Additional Sessions Judge, Karnal, whereby, the accused-appellant has been convicted under Sections 393 and 307 of Indian Penal Code ( for short 'IPC') and sentenced to undergo RI for a period of three years and to pay fine of Rs.500/- with default clause for offence under Section 393 IPC and to undergo RI for a period of six years and to pay fine of Rs.500/- with default clause for offence under Section 307 IPC. Both the sentences were ordered to run concurrently.

(2.) Briefly, the facts of the prosecution story are that on 15.08.1999, Constable Narsingh and Head Constable Rajiv Kumar were deputed for safeguarding the petrol pumps from 10 pm to 6 am. Both the Police officials were not in Police uniform. Constable Narsingh was armed with SLR whereas HC Rajiv Kumar was having carbine. At about 2.05 am on 16.08.1999, both of them went to petrol pump of one Inder Pal (PW5). One Ramesh Kumar was also seated in the cabin at the petrol pump. In the meantime, the present appellant and another accused, namely, Nikka accompanied by two others arrived at the petrol pump in a maruti car without any number plate. They asked Inder Pal to fill petrol in the car for an amount of Rs.300/-. One of the accused handed over a five hundred rupee note to Inder Pal and taking the note, he went inside the cabin to get some change and was followed by both the accused, who were armed with pistols. Said Inder Pal was threatened to surrender what was with him. HC Rajiv Kumar asked them about their identity. Meanwhile, accusedappellant- Davinder fired a shot from his pistol at HC Rajiv Kumar with an intention to kill. Due to which, he sustained injuries on his right shoulder and fell down on Constable Narsingh. Both the accused fled from the place of occurrence in their car towards Panipat. Said incident was brought to the notice of Police Post, Pucca Pul. The injured was shifted to Civil Hospital, Karnal. Statement of Constable Narsingh was recorded by SI Inderjit Singh. On the basis of that statement, a formal FIR was registered.

(3.) Injured-HC Rajiv Kumar was medico-legally examined by Dr. Sanjeev Grover (PW1) and thereafter, he was referred to PGI, Chandigarh. Three pellets were recovered from the site, which were taken into possession vide memo Ex.PG. Site plan of the place of occurrence was prepared and accused were arrested. Accused Nikka made a disclosure statement Ex.PL. Both the accused were produced before Illaqa Magistrate but they refused to participate in the test identification parade. The alleged pellets and blood recovered from the site were sent to the Forensic Science Laboratory, Madhuban (Karnal), Haryana for analysis and report Ex.DB was received. Thereafter, on completion of necessary investigation, challan was presented before the trial Court.