BALWANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Balwant @ Vicky, in the instant appeal, has challenged judgment and order dated 28.07.2009 passed by learned Additional Sessions Judge, Gurgaon whereby he has been convicted under Section 302 read with Section 120B IPC and sentenced to undergo imprisonment for life.

(2.) PROSECUTION in this case was set in motion on the statement, Ex. PE, of complainant Manjeet Singh, PW5, recorded by PW12 Rajesh Kumar SI/SHO on 09.11.2006 at 9.30 a.m. Complainant Manjeet Singh revealed that their family had enmity with Surjit @ Billu because Manjeet Singh's father was murdered on 07.11.2012 by Surjit @ Billu. In that case, his great uncle Ram Kumar (deceased) son of Hari Singh was a witness. He was standing outside his house in the street on 09.11.2006 at about 8.00 a.m. and Ram Kumar (deceased) was sitting on a chair outside the house in the street. Three persons came on foot from the side of Daya Nand Colony, namely, Randhir son of Ram Phal brother -in -law of Surjit @ Billu, Saleem son of Meenudin and elder brother of Randhir whose name he did not know. When they reached in front of his house, all three of them started firing. Randhir and his elder brother fired directly on Ram Kumar and Saleem fired in the air. On hearing the noise, Pappu @ Ved Parkash son of Ram Kumar and Ramesh Chand son of Hari Singh rushed out of their houses and witnessed the occurrence. Assailants thereafter fled towards Mauji Wala Kuan. Complainant ran towards his uncle Ram Kumar to handle him whereas, Pappu @ Ved Parkash chased the assailants. Ram Kumar died at the spot. It is also stated that Surjit @ Billu was confined in Bhondsi Jail and was planning the murder of Ram Kumar alongwith Jitender Jogi. Narain son of Ram Kumar had been murdered a few days earlier. On this statement, formal FIR No. 331 dated 09.11.2006 (Ex. PE/3) was registered at Police Station Rajender Park Sector 5 Gurgaon.

(3.) HOWEVER , complainant Manjeet Singh while recording his supplementary statement (Ex. PH) on 07.12.2006 gave another version. He stated that due to perturbed state of mind and on account of previous ill -will he had wrongly named Randhir and his brother to be the assailants but they were not involved. Saleem son of Meenudin, Vijay @ Yogesh @ Kala, Vicky @ Balwant (present appellant) and Naresh son of Daya Ram were the real culprits. Saleem fired in the air whereas, Vijay @ Yogesh @ Kala and Vicky @ Balwant fired at his uncle Ram Kumar with pistols held in their hands. Naresh son of Daya Ram was standing at some distance with a motorcycle on which all of them fled.