RAKESH KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal by Rakesh Khan, Balvinder Singh, Swaran Singh and Gurmukh Singh is directed against judgment of conviction dated October 16, 1998 and order of sentence dated October 22, 1998, whereby, they were convicted under Sections 302 and 307 read with Section 34 IPC, appellant Swaran Singh was also convicted under Sections 460 and 406 IPC and appellants, Rakesh Khan and Balvinder Singh were also convicted under Section 411 IPC and all the four appellants were sentenced as under :- All the 4 appellants namely Rakesh Khan,, Balvinder Singh,, Sawarn Singh and Gurmukh Singh. 302/34 IPC Each to undergo imprisonment for life and to pay a fine of Rs. 500/- each. In default of payment of fine to undergo further RI for six months. All the 4 appellants namely Rakesh Khan,, Balvinder Singh,, Sarwan Singh and Gurmukh Singh 307/34 IPC Each to undergo RI for ten years RI for ten years and to pay a fine of Rs. 500/- each. In default of payment of fine to further undergo RI for six months. Sawran Singh 460 IPC RI for ten years and to pay a fine of Rs. 500/-. In default of payment of fine,, to further undergo RI for six months. Sawran Singh 460 IPC To undergo RI for one year. Appellant Rakesh Khan and Balwinder Singh 411 IPC Each to undergo RI for two years.

(2.) THE prosecution story, shorn of details, is as under :- On 20.8.1995, Dr. Harbans Lal Sharma (62 years) (PW9) in the company of his wife Smt. Madhu Sharma (51 years) since deceased had gone from Panchkula to Amritsar, in connection with giving evidence in a Court case. On the next date, i.e 21.8.1995, at about 5.45 P.M., they returned to their house bearing No. 22 Sector 7, Panchkula. On that date, at about 10.45 P.M., they had taken tea, meanwhile, someone rang a door-bell of their house. Thereupon, Smt. Madhu Sharma wife of Dr. Harbans Lal Sharma, went to the gate of the house and there four persons were found standing. One of them was Swaran Singh, Driver, who was introduced to them four months ago by Kamaljit Singh son of Harnam Singh Randhawa, resident of House No. 287, Sector 30-A, Chandigarh. They all came inside the house. Swaran Singh then pointed out towards one of his three companions and stated that his brother was ill for the last about 5-1/2 years. He then asked Dr. Harbans Lal Sharma to accompany them to Manimajra to examine him. Thereupon, the complainant told that it was too late to see the patient. Thereupon, Swaran Singh Driver requested the complainant to give his vehicle (white colour Maruti car) bearing No. PCM-182, so that the patient could be brought here from Manimajra. The complainant agreed to the request of Swaran Singh, driver and accordingly, Swaran Singh went away with the said car of the complainant. Thereafter, the complainant came to his office and sat there with the remaining three companions of Swaran Singh and then started talking to them. Immediately thereafter, all the three persons caught hold of Dr. Harbans Lal Sharma by the neck. When he tried to rescue himself, then all the three intended to kill him. Then he (the complainant) called his wife Madhu Sharma and asked her to ring up in the neighbourhood. Then, all the aforesaid three persons threw the telephone instrument on the floor and scuffled with her, as a result of which, the string of her salwar was broken. Thereafter, they strangulated her, as a result of which, she died at the spot. Thereafter, the aforesaid three persons fled away from the spot. Thereupon, the complainant was confused and went to the neighbourhood to inform about the mishap, but no body woke up. In the early morning of 22.8.1995, Dr. Harbans Lal Sharma, the complainant rang up to the police from the nearby house of Dr. Jolly, whereupon Om Parkash SISHO Police Station Panchkula alongwith the police party rushed to the place of occurrence and recorded the statement Ex.PK of Dr. Harbans Lal Sharma in the above narration of facts at about 8.A.M, on which he made his endorsement Ex.PK/1, on the basis of which, a formal FIR Ex.PK/2 was ultimately recorded by Tara Chand ASI in Police Station, Sector 5, Panchkula at 8.30 A.M. At the spot, Om Parkash-SI (PW-12), who is the Investigating Officer prepared the inquest report Ex.PB. He also prepared rough site plan Ex.PO of the place of occurrence with its correct marginal notes in his hand. Then he sent the dead body of Smt. Madhu Sharma to the hospital through ASI Karam Singh for post mortem examination. At the spot, the statement of the witnesses were also recorded under Section 161 Cr.P.C. Dog-squad was also summoned from the office of Forensic Science Laboratory, Madhuban. A crime team from the said office also reached at the spot. The Complainant (Dr. Harbans Lal Sharma) was also got medico-legally examined vide MLR Ex.PF. From the spot, Om Parkash SI also took into possession blood-stained earth vide recovery memo Ex.PX. On 23.8.1995, SI Om Parkash again visited the place of occurrence alongwith SDC Ganga Bhushan and recorded the statements of the witnesses under Section 161 Cr.P.C. Thereafter, investigation of this case also remained with the CIA staff Panchkula till 27.8.1995.

(3.) ON 27.8.1995, Om Parkash SI received a secret information regarding the whereabouts of the other two appellants, namely, Swaran Singh and Gurmukh Singh and thereupon, he raided the godown near village Mahesh pur from where both the appellants were arrested. From the personal search of Gurmukh Singh, one country made pistol and three live cartridges were also recovered.