SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants were tried for committing the offence punishable under Section 120 -B IPC with the allegations that they alongwith their co -accused Bahadur Singh, Satpal and Dharam Pal (since declared proclaimed offenders) agreed to commit illegal act of committing the murder of the family members of the complainant and in pursuance of agreement arrived at between them and their co -accused, committed the murders of Rajesh, Amarjit, Thandi Ram and Prem Singh. They, alongwith their co -accused, were also tried for the offence punishable under Section 449 IPC for committing house trespass in order to commit the murders. They were further tried for committing the offence punishable under Sections 302/149 IPC for forming an unlawful assembly, the common object of which was to ruin the family of the complainant and in pursuance of common object of that unlawful assembly they caused the deaths of Rajesh, Amarjit, Thandi Ram and Prem Singh. They were also tried for committing the offence punishable under Section 307 read with Section 149 IPC for forming an unlawful assembly and in pursuance of the common object of that unlawful assembly, fired at Diwan and Mehtab under such circumstances that if by that act they and their co -accused had caused the deaths of above said Mehtab and Diwan, they would have been guilty of murder.

(2.) VIDE judgment and order dated 12/16.11.2011, learned Additional Sessions Judge, Rohtak convicted them for the offence under Section 302 read with Section 120 -B IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 10,000/ - each and in default of payment of fine, to undergo rigorous imprisonment for three months. Appellants -Suraj Bhan and Harminder were also convicted under Section 302 read with Section 149 IPC and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/ - each and in default of payment of fine, to undergo rigorous imprisonment for six months. Besides, Suraj Bhan and Harminder were convicted under Section 307 read with Section 149 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently. The period undergone by them during the investigation and trial of the case was ordered to be set off against the sentences awarded to them. Hence, the present appeal.

(3.) THE facts leading to the passing of the impugned judgment of conviction are that on the night intervening 11/12.6.2006, an information was received on telephone in Police Station Sadar, Rohtak from Police Control Room, Rohtak to the effect that firing had taken place in village Shimli resulting in the death of many persons. Upon this, ASI Megh Raj alongwith ASI Balwan Singh, HC Jai Bhagwan, HC Ramphal, HC Kanwar Singh, C. Rajiv and C. Rustam reached village Shimli where they met complainant -Suresh Kumar, who got recorded his statement that they were six brothers, who live jointly in the village. The eldest was Thandi Ram, aged 55 years, whereas the younger to him were Mahender, aged 50 years, Prem Singh, aged 47 years, Rambir, aged 44 years, complainant himself, aged 42 years, and Rajesh, aged 32 years. The complainant was serving in Haryana Police and posted at Sonepat. The remaining brothers did agricultural work in the village. The complainant's nephew, namely, Diwan Singh alongwith his three sons lived in a field known as Daburwala field after constructing a house there. The field was adjoining the village. Complainant's nephew Ajit, who was son of Thandi Ram, had studied upto plus two. Dharam Pal, resident of the village, suspected Ajit to be having illicit relations with his daughter Shashi. For that reason, Dharam Pal, alongwith his three sons and other family members, nursed a grudge with the family members of the complainant. Fearing reprisal, the complainant party had sent Ajit out of the village. A congregation of the villagers was held wherein Thandi Ram and Diwan Singh had apologized to Dharam Pal and his brother but still the latter kept a grudge in their minds. Dharam Pal and his brother did not behave properly with Thandi Ram and Diwan Singh. Later on, it was learnt that after solemnizing the marriage of Shashi, they would see the complainant and his family members. The marriage of Shashi was solemnized on 5.2.2006. Thereafter, Dharam Pal and his brother Bahadur Singh and Satpal and others shifted their household goods from village Shimli to Najafgarh.