LAWS(P&H)-2014-3-521

SURYAVIR Vs. STATE OF HARYANA

Decided On March 12, 2014
Suryavir Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS order shall dispose of CRA No.D -1049 -DB of 2009 filed by accused Suryavir and CRA No.D -1087 -DB of 2009 filed by accused Devender @ Dhola. In both the appeals accused Suryavir and Devender @ Dhola have challenged the judgment and order dated 15.10.2009 passed by learned Sessions Judge, Jind, whereby they were convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - each and in default thereof to further undergo rigorous imprisonment for two years each. They were further convicted under Section 25 of the Arms Act,1959 and sentenced to undergo rigorous imprisonment for 1 -1/2 years and to pay a fine of Rs. 2,000/ - each and in default thereof to further undergo rigorous imprisonment for six months each.

(2.) IN CRA No.D -1087 -DB of 2009, Mr. Deepak Balyan, Advocate has appeared as proxy counsel for Mr. M.S. Sindhu, Advocate for the appellant and stated that the arguing counsel cannot come present. However, Mr. Ramesh Hooda, Advocate for accused -appellant Suryavir in CRA No.D -1049 -DB of 2009 has stated that he has prepared the appeal. On the request of the Court, he has agreed to argue the case on behalf of both the accused -appellants.

(3.) AS per prosecution case, Om Parkash @ Talu (complainant), resident of Ved Nagar, Jind had two children. Elder one is his daughter and younger to her was his son Rajinder @ Raju (since deceased). He was living in the rented house of Kuldeep and Kamaljeet sons of Megh Raj Punjabi, residents of Ved Nagar, Jind. A civil suit was pending between him and Kuldeep and Kamaljeet with regard to said house. Om Parkash @ Talu used to deposit the rent in the court. On 30.09.2008, Om Parkash @ Talu had gone to Delhi for purchasing goods. On his return at about 5.30 p.m., his wife Janki Devi told him that Kuldeep and Kamaljeet had sent two youngsters at their home pretending to see the house. They had forcibly entered the house and asked about their son Rajinder @ Raju, who was not present in the house at that time. They were sent out by Janki Devi. Janki Devi can identify those persons. On 01.10.2008 at about 6.00 p.m., Om Parkash @ Talu accompanied by his wife Janki Devi was going to the market to purchase household goods. When they reached on the main road, near 'Gurudawara', they saw their son Rajinder @ Raju coming from Bharat Cinema side. A white car came from his back side. It was occupied by three youngsters. Car suddenly stopped by the side of Rajinder @ Raju. Two boys alighted from it. One of the boy fired from his pistol at Rajinder @ Raju's neck. Rajinder @ Raju fell down on the ground. The duo fled away towards the canal in the said car. Later on, he came to know their names as Suryavir son of Balram, Brahman, resident of Aggarwal Market, Jind; Pardeep son of Balwan, Jat, resident of Bhiwani Road, Jind and Devender @ Dhola son of Umed Singh, Jat, resident of Sharma Nagar, Bhiwani Road, Jind. Om Parkash @ Talu (complainant) and his wife started taking care of their son, who was smeared with blood. They removed their son Rajinder @ Raju to the General Hospital in a three -wheeler but he succumbed to the injuries on the way. Om Parkash @ Talu suspected that Kuldeep and Kamaldeep sons of Megh Raj Punjabi hatched a conspiracy to get his son killed through Suryavir, Pardeep and Devender @ Dhola due to the grudge of not vacating their house.