KULBIR @ TANSEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried for the offences punishable under Sections 307 and 452 IPC and Section 25 of the Arms Act. Vide judgment and order dated 27/29.03.2010, the Additional Sessions Judge (Fast Track Court), Hisar, believed the prosecution case and convicted the appellant for the afore-mentioned offences. The appellant was sentenced under Section 307 IPC to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. He was further sentenced under Section 452 IPC to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of ten days. He was also sentenced under Section 25 of the Arms Act to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one week. All the substantive sentences of imprisonment were ordered to run concurrently.

(2.) Aggrieved of his conviction and sentence, the appellant has filed Criminal Appeal S-1241-SB of 2010. Complainant-Om Parkash, who had received injuries in the occurrence, has also filed CRR 2193 of 2010, wherein he has prayed for enhancing the sentence of imprisonment imposed upon the appellant. As the appeal as well as the revision arise out of the same judgment of conviction and sentence, they are being disposed of by a common order.

(3.) The case of the prosecution, in nutshell, is that the appellant and one Sunil son of Naresh, while confined in Central Jail, Hisar, had misbehaved with complainant Om Parkash, who used to work as a Medical Officer. The complainant sent a complaint to the higher authorities due to which the appellant and Sunil were lodged in separate cells. Lateron, the Sessions Judge, Hisar, transferred the appellant to Central Jail, Rohtak while Sunil to Narnaul jail. On 25.04.2007 at about 2:00 p.m., the complainant had returned home and after having meals, was taking rest. At about 3:00 p.m., the door bell rang on which Krishna Kumari, wife of the complainant, went to answer the same. The complainant followed her. They saw the appellant standing near the gate who stated that he wanted to talk with the complainant. Simultaneously, the appellant took out a country made pistol and with an intent to kill the complainant, fired at him which hit the complainant on the right side of his chest. Thereafter, the appellant ran away from the spot. Subsequently, statement of complainant-Om Parkash was recorded by ASI Rajender Prashad in General Hospital, Hisar, on the basis of which FIR No. 274 Dated 25.04.2007 under Sections 307 and 452 IPC and Section 25 of the Arms Act was registered at Police Station City, Hisar.