ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Anil Kumar and three others have filed their respective appeals i.e. bearing Cr. Appeal Nos. 391-DB of 1997 and 392-DB of 1997 by Anil Kumar, Cri. Appeal No. 398-DB of 1997 by appellants Parveen Kumar and Lal Chand and Criminal Appeal No. 527-DB of 1997 by appellant Gulbar against judgment and order dated April 2, 1997 passed by the learned Sessions Judge, Karnal, whereby appellant Anil Kumar was convicted under Section 302 of I.P.C. and also under Section 25 of the Arms Act, whereas the other three appellants were convicted under Section 302 read with Section 34 of I.P.C. and then sentenced to undergo R.I. for life and to pay a fine of Rs. 1000/- each and in default of payment of fine to further undergo R.I. for one year each under Sections 302 and 302 read with Section 34 of I.P.C. Appellant Anil Kumar was also sentenced to undergo R.I. for two years for the offence punishable under Section 25 of the Arms Act. However, the sentence awarded to Anil Kumar appellant under Section 25 of the Arms Act, was also ordered to run concurrently with the sentence imposed in the murder case.

(2.) Since all the aforesaid four appeals arise out of one and the same occurrence connected to the same murder case, therefore, they are being disposed of by this common judgment.

(3.) The facts culminating to the commencement of these aforesaid appeals may be recapitulated thus :- On August 22, 1996, at about 3.00 p.m., Nirmal Singh, since deceased (20 years of age), in the company of Jagjit Singh (PW-2) and Harvinder Singh (PW-3), boarded a Haryana Roadways Bus from Karnal for going to Gharaunda Town. They all the three companions occupied a seat meant for two passengers. Then all the four accused (hereinafter referred to as the appellants) also boarded the same bus and sat by the side of the complainant party, and started teasing them. On this, an altercation ensued on account of taking the seat by the complainant party inasmuch as according to the appellants, they had placed a note book on the seat and as such, the seat was in their occupation. The appellants had to get down at Madhuban, but they did not do so and they threatened to settle score at Gharaunda with the complainant party. When the said bus reached at Bus Stand Gharaunda, there three of the appellants caught hold of Nirmal Singh, whereas the 4th one i.e. Anil Kumar inflicted a knife blow to him in his right flank. The eye-witnesses i.e. Jagjit Singh (PW-2) and Harvinder Singh (PW-3) caught hold of Anil Kumar, but he along with his companions managed to run away from the spot. However, Anil Kumar also sustained injuries on his both hands when he had fallen down. After the occurrence, Nirmal Singh who had become unconscious, was removed to the Hospital, at Gharaunda, but in the meantime, he expired at about 4.20 p.m. on the same day. Thereafter, on receipt of ruqa Ex. PB from the hospital, PW-6 Rameshwar Dass, the then S.I./S.H.O. of Police Station, Gharaunda, rushed to the hospital and there, he recorded statement Ex.P.C. of complainant Jagjit Singh at 6.30 p.m., and also of the eye-witnesses to the occurrence, in the above narration of facts. Ultimately, a formal F.I.R. Ex.PC/1 was recorded by Sher Singh ASI at 6.45 p.m. on the same day. PW-6 S.I. Rameshwar Dass, then took the investigation of this case into his hand. He then prepared inquest report Ex.PG/1. After that, he got conducted autopsy on the dead body of the deceased vide post mortem report Ex. PG/2. On the same day, the Investigating Officer proceeded to the place of occurrence i.e. Bus Stand, Gharaunda. There in the presence of the witnesses, he prepared rough site plan Ex.PH of the place of occurrence with correct marginal notes in his hand. From the spot, he also effected recovery of Identity Card of Anil Kumar appellant Ex.P-2, Bus Pass Ex.P-3 and photographs Ex.P-4 to P-8 and three currency notes Ex.P-9 to P-11 which were kept in the purse Ex.P-1 and the same were taken into possession vide recovery memo Ex.PD.