VIKAS ALIAS VICKY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vikas alias Vicky-appellant has filed this appeal challenging the impugned judgment of conviction and order of sentence dated 11.1.2013 passed by learned Additional Sessions Judge, Hisar, whereby he has been held guilty and convicted for the offences punishable under Section 307 IPC and Section 25 of the Arms Act. He has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 307 IPC. He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence under Section 25 of the Arms Act. Both the substantive sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 1.10.2010 at about 6.00/6.30 a.m., complainant-Dharampal had gone to his fields. When he was returning to his house in the village abadi while walking on the road near village cremation ground, accused-Vikas was walking 8-10 paces ahead of him with his head covered with a towel. When the complainant reached near the accused, he suddenly turned back towards him and removed his towel from the head. He took out a pistol from the pocket of his trouser and tried to fire at the complainant two-three times by pressing the trigger, but the pistol did not fire. Thereafter, the accused threatened him that in case he would depose against him and his family members in the murder case of his son Satyawan at Hisar Court, he would kill him and his family. Both of them grappled with each other and the complainant raised alarm and ran towards his house after getting himself freed. After reaching his home, he narrated the occurrence to his family members. On the next day, he went to the Police Station Barwala to report about the incident and got his statement Ex.PK recorded. On the basis of this, 'Ruqa' Ex.PJ was recorded and sent to the Police Station, on the basis of which formal FIR Ex.PJ/1 was registered by Rajender Parshad, ASI. The accused was arrested and on interrogation, he suffered disclosure statement, in pursuance of which he got recovered a pistol as well as a motorcycle, which were used in the crime. He also demarcated the place. After necessary investigation, challan was presented.

(3.) On presentation of challan, the trial Court finding prima facie case against the accused framed charges for the offences punishable under Section 307 read with Section 34 IPC and Section 25 of the Arms Act, to which he pleaded not guilty and claimed trial.