SONU @ GULLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this judgment, we shall decide Criminal Appeal Nos. 452-DB of 2009 and 608-DB of 2011 challenging judgment dated 19.3.2009 recorded by the Sessions Judge, Ambala, convicting the appellants under Section 302 read with Section 34 of the Indian Penal Code and Section 25(1-B)(b) of the Arms Act, 1959 (hereinafter referred to as the "Arms Act"). The appellants also challenge order dated 23.3.2009 sentencing them as follows:- <FRM>JUDGEMENT_947_LAWS(P&H)5_2014_1.html</FRM>

(2.) The appellants have been convicted and sentenced for causing the homicidal death of one Dalip Singh son of Bhag Singh, resident of Manmohan Nagar, Ambala City.

(3.) On 26.4.2008, police post, Urban Estate, Ambala City, received telephonic information that one Dalip Singh son of Bhag Singh, resident of Manmohan Nagar, Ambala City, has been admitted to General Hospital, Ambala City, with injuries received in a fight. Head Constable, Balwant Rai, also collected a ruqa sent by the doctor, with MLR No.141/08, from the police post and upon arrival at General Hospital, Ambala, was informed that Dalip Singh has been referred to Government Medical College and Hospital, Sector 32, Chandigarh. The police post also received similar information from the Government Medical College and Hospital, Sector 32, Chandigarh and sent Head Constable Balwant Rai, to enquire into the matter. Head Constable Balwant Rai reached Government Medical College and Hospital, Sector 32, Chandigarh but could not record the statement of Dalip Singh as the doctor opined that Dalip Singh is unfit to make a statement. On 28.4.2008 ASI Naresh Kumar and HC Balwant Rai returned to Government Medical College and Hospital, Sector 32, Chandigarh, where they were met by PW11, Hardeep Singh, brother of Dalip Singh (the first informant) outside the emergency ward. Hardeep Singh told them that Dalip Singh has passed away. Hardeep Singh recorded his statement, Ex.PG, signed it in English and after attestation by PW9 ASI Naresh Kumar, the statement was forwarded, by endorsement, Ex.PG/2, to Police Station Baldev Nagar where FIR no.96 dated 28.4.2008, was registered, under section 302/34 of the Indian Penal Code and Section 25/54/59 of the Arms Act at 5.50 P.M. Copies of the FIR were forwarded to the Magistrate and senior police officers through EHC Raj Kumar No. 557 at 3.45 P.M and delivered. The statement by Hardeep Singh records that on the night of 25.4.2008, Dalip Singh, his brother, came home with his friends Lambu and Bablu at about 9.30 P.M but left after about 10 minutes, on a scooter. Hardeep Singh went to sleep, but at about 1.00 O' clock, Pardeep Kumar came to his house, woke him up and told him that two boys have inflicted knife injuries upon Dalip Singh, near the under bridge, along G.T.Road and Dalip Singh is lying there in an injured condition. Hardeep Singh and his friend Rinku rushed to the disclosed place, on their motorcycle. Kala son of Kharaiti Gir met them, at the disclosed place and told them that two boys had inflicted knife injuries upon Dalip Singh but had run away, on seeing them. Kala further stated that Jaswinder Singh, the employer of Dalip Singh has taken Dalip Singh to General Hospital, Ambala City, they rushed to Civil Hospital, where after some time the doctors referred Dalip Singh to GMCH Sector 32, Chandigarh. Hardeep Singh and Jaswinder Singh arranged an ambulance and transported Dalip Singh to GMCH, Sector 32, Chandigarh. On the way to Chandgiarh, Dalip Singh told Hardeep Singh that injuries were inflicted by two boys armed with knives. One of the boys was wearing a white coloured T shirt but Dalip Singh did not tell him the reason for his attack nor did he disclose their identity. The boys did not take any article like wrist watch, mobile and ring, belonging to Dalip Singh. Dalip Singh has expired today due to knife injuries, inflicted by two unknown boys.