KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants/convicts Kuldeep and Sandeep have filed present appeal against judgment of conviction dtd. 3/1/2014 and order of sentence dtd. 8/1/2014 passed by learned Additional Sessions Judge, Rohtak in Sessions Case bearing No. 13 of 24/12/2010, titled as 'State Vs. Kuldeep and others' vide which appellants/convicts were sentenced as under:- <FRM>JUDGEMENT_59_LAWS(P&H)4_2024_1.html</FRM>

(2.) Brief facts as per prosecution case are that in the intervening night of 9/8/2010/10/8/2010, SI/SHO Rajbir Singh along with other police officials was on patrol duty. During patrolling, when they reached near Village Kharawar, SI/SHO Rajbir Singh received a telephonic message regarding firearm injuries to Ramesh son of Tek Chand. On this information, SI/SHO Rajbir Singh along with other police officials reached Village Ismaila 9B and found that Ramesh son of Tek Chand, Rinku and Rakesh alias Kala sons of Ramesh had received firearm injuries and they were shifted to PGIMS, Rohtak for medical treatment. Thereafter, SI/SHO accompanied with other police officials when reached at the gate of Emergency of PGIMS, Rohtak, Bijay Singh son of Tek Chand met him and got recorded his statement to police. In his statement, he stated that he is an agriculturist. In the evening of 9/8/2010, he along with his younger brother was enjoying hubble-bubble in front of the house of Ram Chander, Numberdar. At about 09:30 pm, Rinku son of Ramesh came there to call his father Ramesh for dinner. In the meantime, one Honda City car, colour beige stopped there, out of which Kuldeep and Sandeep who were having pistols in their hands alighted. Sandeep fired shots with pistol at Ramesh, whereas, Kuldeep fired shots at Rinku from his pistol, which hit his chest and abdomen. On hearing the shots, his (Bijay Singh) nephew Rakesh alias Kala reached at the place of occurrence. Kuldeep again fired shots at Rakesh alias Kala hitting on his chest. He (Bijay Singh) and Dilbag tried to catch hold Kuldeep and Sandeep, but they fled away in the said car along with their respective weapons. However, they noticed number of the car i.e. DL-3CY-6092. The said injured persons were taken to PGIMS, Rohtak, where Ramesh and Rinku were declared dead by Doctor and Rakesh alias Kala was unconscious and was under treatment. The complainant further alleged that there was previous money dispute of Rakesh and Rinku with the assailants on account of installation of inverter in their house. Accordingly, it was prayed that legal action be taken against the culprits. With these allegations, present FIR was registered.

(3.) On this complaint, formal FIR No. 338 dtd. 10/8/2010 was registered under Ss. 302, 307, 34 of Indian Penal Code, 1860 (for short 'IPC') and under Sec. 25/54/59 of Arms Act. Investigation was commenced. Statements of witnesses were recorded and it came to light that only one weapon was used in the occurrence. The dead bodies of Ramesh and Rinku alias Parmod were sent for postmortem examination. From the place of occurrence, blood was lifted and five empty cartridges and one live cartridge were recovered and taken into police possession. On the same day, SI/SHO Rajbir Singh received information that car bearing registration No. DL-4CY-6092 make Honda City used in the commission of crime was parked in front of Devi Lal Park, Bahadurgarh. The car along with Registration Certificate of Car and Driving License of Sandeep were taken into police possession. During further investigation, accused Kuldeep was arrested on 22/8/2010 and on the basis of his disclosure statement, one country made pistol along with one empty and five live cartridges were recovered. Accused Sunil was arrested on 30/8/2010, whereas, accused Sandeep was arrested on 13/9/2010. After completion of investigation, challan was presented in the Court of Illaqa Magistrate at Rohtak against Kuldeep, Sandeep and Sunil alias Senior.