NARESH KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) On November 09, 2007 Sunny (PW2), Sonu son of Mukhtiar Singh (the deceased) and Sonu aka Raj Kumar son of Kishan Lal (PW3) were bursting crackers at the house of Sunny son of Brij Mohan. Responding to repeated phone calls of Balwinder Singh aka Billu (appellant) all the three of them went to Jhansa Octroi on the motorcycle of Pintu, a friend of Sunny. Balwinder Singh aka Billu (appellant) then called them to the house of Shunty aka Parvesh Kumar son of Puran Chand (appellant). Pintu dropped Sunny (PW2), Sonu (the deceased) and Sonu aka Raj Kumar (PW3) in the street of Gurunanakpura mohalla and went away. When they reached near the house of Shunty aka Parvesh Kumar (appellant), Balwinder Singh aka Billu (appellant) armed with a sword, Gagan Kumar (appellant) armed with a 'Danda', Shunty aka Parvesh Kumar (appellant) armed with a pole -axe (Gandasi), Naresh Kumar (appellant) armed with a 'Danda', Sunny son of Puran Chand (juvenile) armed with a pole -axe, and Savitri armed with a 'Danda' were present there in front of main gate of the house and on seeing them started abusing them. Sunny (PW2) asked the accused not to abuse them. Balwinder Singh aka Billu (appellant) exhorted other accused not to allow any of them escape and inflicted a sword blow on right side of head of Sunny (PW2). Shunty aka Parvesh Kumar (appellant) administered a blow of pole -axe on left side of his head. Balwinder Singh aka Billu (appellant) inflicted another sword blow on back of his shoulder. Gagan Kumar (appellant) administered a 'Danda' blow on right side of knee and another on left hand, Naresh Kumar (appellant) a 'Danda' blow on the back and Sunny (juvenile) a 'Gandasi' blow on finger of right hand of Sunny (PW2). He also received injuries on his right arm. Shunty aka Parvesh Kumar (appellant) also injured left hand of Sonu (the deceased) with the 'Gandasi' he was carrying. Balwinder Singh aka Billu (appellant) inflicted a sword blow on his head while Gagan Kumar hit him on his left knee with the 'Danda' he was wielding. The accused also caused injuries on the person of Sonu (PW3). Geeta (P.W. 1), sister and Om Pati (PW4), mother of Sonu (the deceased) having been informed of the occurrence, reached the spot and found that appellants Balwinder Singh aka Billu, Gagan Kumar, Naresh Kumar and Shunty aka Parvesh Kumar were riding two motor cycles and were carrying Sonu (the deceased) on the motor cycle being driven by Gagan Kumar (appellant) and after throwing Sonu (the deceased) on the roadside sped away. When asked by these witnesses, Sonu (the deceased) told them that he had been belaboured and injured with 'Gandasis' and swords by the accused. They took Sonu (the deceased) to LNJP Hospital, Kurukshetra where he was medico -legally examined there by Dr. N.P. Singh (P.W. 13) vide Medico Legal Report, Exhibit P40. From LNJP Hospital, Kurukshetra Sonu (the deceased) was taken to Post Graduate Institute of Medical Education & Research, Chandigarh (PGIMER, for short) but could not withstand the effect of the injuries and died on the way. Dead body of Sonu was taken to LNJP Hospital, Kurukshetra. Inspector Ram Chander (PW22), the Investigating Officer, on receipt of information regarding death of Sonu (the deceased) went to LNJP Hospital and prepared inquest report, Exhibit P55. A Board of Doctors, including Dr. Narinder Pruthi (P.W. 10), conducted autopsy on the dead body of the deceased Sonu vide Post Mortem Report (PMR), Exhibit P19. Sunny (PW2) was taken to and admitted in Mehta Surgical and Maternity Hospital, Kurukshetra where Dr. Surender Mehta (PW9) medico -legally examined him vide Medico Legal Report (MLR), Exhibit P12 and sent intimation (commonly called 'Ruqa'), Exhibit P14, to the Police Station. Inspector Ram Chander (PW22), the Investigating Officer, reached the aforesaid hospital where Sunny (PW2) made a statement (Exhibit P1) before him, based whereupon a formal First Information Report (FIR), Exhibit P1/B, was recorded by SI Kuldeep Singh (P.W. 14) at Police Station, City, Thanesar.

(2.) Investigating Officer visited the spot of occurrence; prepared a visual site plan, Exhibit P56; and lifted blood stained earth, a T -shirt and jacket from the spot vide memorandum, Exhibit P10. He then went to the place where Sonu (the deceased) was said to have been thrown by the appellants and prepared a rough site plan, Exhibit P57. Accused were arrested. On being interrogated while in police custody, accused Savitri, Gagan Kumar, Balwinder Kumar aka Billu, Shunty aka Parvesh Kumar, and Naresh Kumar suffered disclosure statements and pursuant thereto got recovered, vide memoranda, Exhibits P24, P26, P33, P29 and P38, the 'Dandas', sword, and 'Gandasis' used by them in the occurrence. Appellants Gagan Kumar, Balwinder Singh aka Billu, and Shunty aka Parvesh Kumar also suffered disclosure statements, Exhibits P48 to P50 and thereby revealed that accused Puran Chand had provided shelter to them. Vide memorandum, Exhibit P44, they also pointed out the place where accused Vishal aka Monu had provided shelter to them. Further, vide memorandum, Exhibit P46, the aforesaid appellants demarcated the place where they were provided shelter by accused Sunil Yadav.

(3.) On completion of investigation and other attendant formalities, accused Savitri, Gagan Kumar, Balwinder Singh aka Billu, Shunty aka Parvesh Kumar, Naresh Kumar, Puran Chand, Vishal Kumar (aka Monu), and Sunil Yadav were made to face trial. Learned Additional Sessions Judge, Kurukshetra (here -in -after referred to as, 'the trial court'), on hearing the prosecution and the defence and appraisal of the report submitted in terms of sub -section (2) of Sec. 173 of the Code of Criminal Procedure, 1973 (for short, 'the Code') and its enclosures, formed an opinion that there were grounds to presume that the accused had committed offences punishable under Ss. 148, 302/149, 324/149, 323/149, and 212 of the Indian Penal Code, 1860 (for short, 'IPC') and charged them accordingly. Accused pleaded not guilty to the charge and claimed to be tried.