HEMANT @ BUNTY @ RAJ @ RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS Hemant @ Bunty @ Raj @ Rajesh and Satyabhan have preferred the instant appeal challenging the judgment and order dated 10.02.2012 passed by learned Additional Sessions Judge, Bhiwani whereby they have been convicted and sentenced for the offences punishable under Sections 302/120B IPC and appellant No.1 Hemant @ Bunty @ Raj @ Rajesh additionally for offence punishable under Section 25(1)(1B)(a) of the Arms Act, 1959. Both the appellants have been sentenced to undergo rigorous imprisonment for life for offences under Sections 302/120B IPC, besides, pay a fine of Rs. 1,00,000/ - each and in default thereof, to further undergo simple imprisonment for one year. Appellant No.1 Hemant @ Bunty @ Raj @ Rajesh additionally sentenced to undergo rigorous imprisonment for three years, besides, pay a fine of Rs. 10,000/ - and in default thereof, to further undergo simple imprisonment for one month for offence punishable under Section 25(1)(1B)(a) of the Arms Act, 1959.

(2.) AS per prosecution version, FIR No.33 dated 16.04.2009 (Ex.PA/1) was registered on the statement (Ex.PA) of complainant Krishan Kumar (PW1). Complainant Krishan Kumar stated that they are three brothers, his elder brother being Radhey Sham (deceased) and younger brother, namely, Bajrang Lal. He and his brother Radhey Sham were Commission Agents in the grain market.

(3.) THEY had two trucks. Satbir and Ramesh were employed as drivers for the abovesaid trucks. Satbir alongwith Surender i.e., the conductor/ cleaner started their journey from Maur Mandi in Punjab on 15.04.2009 at about 1.00 p.m. after taking Rs. 4,26,170/ - as price of the mustard. This amount was paid to Radhey Sham at 4.40 p.m. on the same day in the complainant's presence. When complainant and his cousin Rajesh came to the shop at about 8.00 p.m. on 15.04.2009, they saw two young boys, one of them carrying a pistol in his hand and another holding a bag. Another boy was also standing near a vehicle make TATA 407 alongwith a motorcycle which was running. Both the boys fled towards the Cooperative Bank on the abovesaid motorcycle. Complainant Krishan Kumar thereafter saw his brother Radhey Sham with blood oozing out from his body. Radhey Sham revealed that one person inflicted a blow with stick/Danda and another fired at him. They forcibly snatched the bag having currency notes. Injured was taken to Birendra Hospital, Behal where he was referred to Hisar. However, he succumbed to his injuries on reaching Hisar.