KRISHNA CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Krishan Chand son of Udey Singh resident of Village Kashan, Police Station Rajaund, District Kaithal was convicted under Section 27 of the Aims Act for using his licensed. 12 bore double barrel gun for unlawful purpose i.e. for causing the death of Virender Bhalla vide impugned judgment dated 19.10.1996 and vide sentence order dated 23.10.1996 it was ordered that he had already suffered imprisonment for more than 2-1/2 years and the sentence in this case would be deemed to have been set off. Feeling aggrieved against the impugned judgment of conviction dated 19.10.1996 and the sentence order dated 23.10.1996, he has filed this appeal for his acquittal by setting aside the impugned judgment and the sentence order.

(2.) The facts of the prosecution case are that the appellant along with his two companions Shamsher Singh and Rameshwar entered the office of the M/s. Inder Tractors, wherein, Virender Bhalla (deceased), Joginder Mehta and Krishan Lal were sitting. The appellant fired two shots from his. 12 bore double barrel gun at Virender Bhalla, which hit his neck and he died at the spot. This occurrence took place on 24.5.1993 at about 10/ 10.15 A.M. The motive behind this occurrence was that on 22.5.1993 the appellant had brought a tractor for repairs in the workshop of the Agency because its bearings had become defective during warranty period. Virender Bhalla-deceased had showed his reluctance to repair the bearings of the tractor and at this the appellant had an altercation with him. He had retorted that it was a company of thieves and in a fit of rage he had thrown the keys of the tractor. After firing at Virender Bhalla, Krishan Chand-appellant and his companions ran out of the office of the Company/Agency. Dharampal Head Constable and other police officials were present at Pehowa Chowk, Kaithal. They apprehended the appellant and recovered one. 12 bore double barrel gun along with four live cartridges. They took the appellant to the police station and produced him before Malhar Singh, Inspector/ SHO The gun was opened and two empty cartridges were taken out from its barrels. These were sealed into a separate parcel. Four live cartridges, were also sealed separately in a parcel. The gun was also taken into possession. Recovery memo was prepared. Sketch of the gun was prepared. From the personal search of the appellant, an arms licence was recovered. This licence was valid up to 16.2.1990. Since the accused-appellant had no valid licence on 24.5.1993 when the occurrence took place and he used his gun for unlawful purpose i.e. for committing the murder of Virender Bhalla, he was challaned under Section 27 of the Arms Act, after procuring sanction order from the District Magistrate, Kaithal.

(3.) The prosecution at the trial had examined PW-1 Ram Gopal, Assistant Superintendent of the Office of SDM, Guhla, PW-2 Head Constable Dharampal and PW-3 Inspector Malhar Singh.