DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) BOTH the above cases relate to FIR No.446 dated 21.11.2013 registered at Police Station Badshahpur, Gurgaon under Sections 148,149,216, 302,307,452 read with Section 120 -B of the Indian Penal Code (IPC for short) and Sections 25 and 27 of the Arms Act.

(2.) THE allegations in the FIR were that on that day itself i.e. 21.11.2013 at about 9.00 am, construction work on the plot of one Kanwal Singh son of Ram Sarup was going on, who was related to the complainant as uncle in the family. The complainant, along with other persons named in the FIR, was present when Sandeep, Sumit, Ravi alias Diney, Mahender and Daya Nand reached there. They were armed with revolvers/pistols. They were followed by Deepak, Dharamvir, Suli, Mohit and Ram Pal. Dharamvir and Ram Pal armed with pharsas, Deepak with knife, Suli and Mohit with lathis. They wanted the complainant party to stop the construction on which an altercation ensued. The things took a serious turn on which Sandeep, Sumit, Ravi, Mahender and Daya Nand attacked the complainant party with an intention to kill. Sumit fired a shot, which hit the complainant on the left arm. Shots were also fired on Kuldeep alias Jitender and Jagwinder alias Gurdial while Kanwal Singh received lathi blows. The vehicles of the complainant party parked there were also damaged. Kuldeep Singh and Jagwinder died at the spot.

(3.) COUNSEL for the petitioners argued that the story set up in the FIR was not corroborated by the witnesses when they made statements under Section 161 of the Code of Criminal Procedure (Cr.P.C. for short).