SOMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Sompal presented this appeal against the judgment dated 27.07.2007, whereby, he was convicted for committing offence punishable under Section 395 read with Section 397 of Indian Penal Code (for short 'IPC') and under Section 396 of IPC. This judgment was rendered by learned Additional Sessions Judge, Sonepat. Vide order of sentence dated 30.07.2007, accused Sompal was sentenced to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 3,000/- for the offence punishable under Section 395 read with Section 397 IPC. In default of payment of fine, to further undergo rigorous imprisonment for a period of 6 months; for committing offence punishable under Section 396 IPC, he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-. In default of payment of fine, to further undergo rigorous imprisonment for a period of 10 months.

(2.) Brief facts of the prosecution case are like this; that Rajbir (deceased), who was employed in Air Force at Hyderabad, had gone to the house of his maternal uncle Roshan Lal at Jawahar Nagar, Sonepat. He reached there at about 11:30 P.M. on 04.03.1996. Complainant Baljit Singh (PW5), brother of the deceased, was also present there. From there, the complainant and deceased had proceeded to their village Shamri on Yamaha motorcycle of Black colour bearing No. DL- 2SK-1028. Motorcycle was driven by deceased. At about 2:00/2:30 A.M., when they reached near village Bajana Kalan and were at some distance from the minor, they saw dark complexion young man, having height of about 5' 9" and aged 24/25 years, wearing kurta pajama. Four young men were also seen at some distance from the aforesaid young man, in the light of the motorcycle. The young man, who was wearing kurta pajama, gave a signal to them at pistol point to stop. That young man exhorted that if they tried to flee, he would kill them. In the meanwhile,other four persons armed with rods, dandas and pistol also reached there. Complainant gave identity of those persons like this; that one man was wearing bushirt of cream colour and pant of light yellow colour. He was aged about 19/20 years and his height was about 5'. Second young man was wearing the bushirt of light sky colour and pant of pink colour. He was aged about 20/21 years and his height was 5'. The third young man was wearing bushirt of blue and black colour and blue pant. He was aged about 19/20 years and his height was about 5' 6". The fourth young man was having height of 5' and he was aged about 19/20 years and was wearing T-shirt and pant. As per complainant, all the aforesaid culprits started searching the complainant and the deceased. When the deceased lodged protest, one of the assailants gave a blow with rod on his head, as a result of which, he fell down. Thereafter, driving licence, an amount of approximately Rs. 3500/- and one diary were taken out from the pocket of deceased and one purse of black colour having a passport size photograph of the complainant and Rs. 200/- were taken out from his pocket. The culprits were naming each other as Mohan, Sanjay, Som Pal, Satish and Bira.

(3.) Thereafter, all the 5 culprits escaped on the motorcycle of the deceased towards village Bajana Kalan. Complainant waited for some conveyance for sometime but as no vehicle reached there, he went to his village on foot and informed about the occurrence to his family members. Thereupon, his father, younger brother Ashok Kumar and nephew Mukesh came to the spot on a tractor and took Rajbir to D.N.Sharma, Hospital at Sonepat. Later on, deceased was shifted to Army Hospital, Delhi Cantt., where he succumbed to the injuries on 12.03.1996. Inquest report Ex. PU/1 was prepared. Post-mortem on the dead body was got conducted from Safdarjang Hospital, New Delhi. Dr. G.D.Sharma (PW8) sent ruqa Ex.PP to the police station, whereupon, Sube Singh, Sub Inspector, reached there and recorded the statement of complainant as Ex.PE. After making his endorsement Ex.PE/1, the same was sent to the police station for registration of the case on the basis of which formal FIR Ex.PB was recorded. Sube Singh, Sub Inspector alongwith Baljit Singh-complainant, visited the spot on 05.03.1996. Rough site plan of the spot was prepared as Ex.PR. Blood stained earth was lifted from the spot and the same was taken into possession vide memo Ex.PA. On 10.03.1996, accused Sompal, Satish, Mohan and Sanjay were arrested. On interrogation, accused Mohan, Sanjay and Sompal, made disclosure statements Ex.PG, Ex.PH and Ex. PJ respectively and in pursuance thereof, accused Mohan got recovered an amount of Rs. 800/- and driving licence of Rajbir; accused Sanjay got recovered an amount of Rs. 800/- and pocket diary of Rajbir and accused Som Pal got recovered Rs. 1,000/-, purse of the deceased, one iron-rod and motorcycle bearing No. DL-2SK-1028. Recovery memos in this regard are Ex.PK, Ex. PL and Ex. PN. Site plan of the place of aforesaid recoveries were prepared as Ex.PS/1 to Ex.PS/3.