BHOOP SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgement of conviction dated 14.2.2003 passed by the then learned Additional Sessions Judge, Kaithal, vide which appellant -Bhoop Singh was held guilty and convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code (hereinafter called 'the IPC') and the order of sentence dated 15.2.2003 vide which he was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5000/ -, in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) THE brief facts giving rise to this prosecution are that on 21.12.1994, Dhoop Singh, complainant (now deceased) along with his wife PW -8 Smt. Santosh and his brother Randhir Singh was going in his car bearing registration CH -01 -D -4366 from Kaithal to his village Chandana. At about 3.30 PM when they reached near Dussehra ground, Kaithal, one motorcycle make Yamaha, red colour, occupied by co -accused Pohlu, appellant Bhoop Singh and another person, who could not be identified by the complainant, was standing on the road. The unnamed person was having the double barrel gun. The complainant stopped his car. Pohlu took out the country made pistol from his Dab and fired at complainant -Dhoop Singh which hit at his chest on the left side and the pallets also injured his right hand. Then appellant -Bhoop Singh fired at the complainant. The complainant sped away his car towards village Chandana. All the three, namely, appellant -Bhoop Singh, Pohlu and the unidentified person, chased the car of the complainant up to the railway crossing. The complainant narrated the incident to his brother Ved Prakash. The complainant was got admitted in the General Hospital, Kaithal. Complainant -Dhoop Singh was facing the trial regarding the murder of Bhalla, the father of Pohlu. On 19.12.1994 Santosh wife of Bhoop Singh was elected as Sarpanch by defeating Roshni wife of Ishwar. Due to this enmity, Pohlu, appellant -Bhoop Singh and another person fired at the complainant and injured him. On receiving information from the hospital, SI Chandi Ram came to the Civil Hospital, Kaithal and recorded the aforesaid statement of complainant -Dhoop Singh Ex.PS/1 on the basis of which formal FIR Ex. PJ was registered. The Investigating Officer visited the spot and prepared the rough site plan of the place of occurrence Ex. PO. The clothes of the deceased were taken into possession vide memo Ex.PQ. The accused could not be arrested. Later on, complainant -Dhoop Singh was murdered and a case FIR No. 328 dated 20.9.1995 under Sections 148, 302, 120 -B/149 IPC, Police Station City Kaithal, was registered against appellant Bhoop Singh, Pohlu and others. Appellant -Bhoop Singh surrendered in the said case on 25.10.1995. He was also arrested in this case. On interrogation, appellant -Bhoop Singh suffered the disclosure statement Ex. PL disclosing about the concealment of the weapon of that murder case. In pursuance thereof, he got recovered double barrel gun from the shop of Sehgal Gun house, Karnal which was sold by him to the said gun house. The said gun was taken into possession vide memo Ex. PG. Co -accused Pohlu and Balvinder Singh was also arrested and the report under Section 173 Cr.P.C was filed.

(3.) IN order to substantiate its case, the prosecution examined as many as 10 witnesses. The prosecution also tendered in evidence the reports of FSL Ex. PQ and Ex.PQ/1.