GULSHAN KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellants challenge judgment and order, both dated 25.08.2009, passed by the Additional Sessions Judge, Panipat, convicting and sentencing the appellants in the following terms: -

(2.) PW -15 SI Ashok Kumar, ASI Om Parkash and Constable Ashok Kumar were on patrol duty, on 30.04.2007 at Qalander Chowk, Panipat, where they received information that one Krishan @ Gandhi has received a gun shot injury and has been taken to Prem Hospital, Panipat. ASI Ashok Kumar and the police party proceeded to the hospital and vide application Ex. PR, sought the opinion of the attending doctor whether Krishan Lal is fit to make a statement. The doctor opined that Krishan Lal is not fit to make a statement but as they found PW -2 Ashok Kumar, father of Krishan Lal, recorded his signed statement Ex. PB to the effect that: - Ashok Kumar runs a shop of a junk dealer, near Veer Bhawan Chowk, Panipat and has two sons Raj Kumar and Krishan, who work at a meat shop. About 1 1/2 years ago, there was a quarrel between Krishan Lal and Gulshan @ Pappu son of Dharam Chand, resident of Pathano Walla Mohalla, Panipat. Gulshan was challaned by the police and the case is pending in Court. Bharat Bhushan and his brother Gulshan were pressurizing Ashok Kumar and his son Krishan Lal to compromise the matter. Today, Ashok Kumar and his son Krishan Lal were standing near Veer Bhawan Chowk for hiring labour, Deepak son of Darshan Lal arrived and was talking to them. At about 8:30 AM, Bharat Bhushan and his brother Gulshan arrived and began abusing them. Gulshan fired two gun shots from his pistol directly at Krishan Lal with an intention to kill. Krishan Lal fell down after the bullets hit him. Gulshan sped away on his motorcycle and Bharat Bhushan slipped away. Ashok Kumar and Raju transported Krishan Lal to civil hospital for treatment where an MLR was prepared. Krishan Lal was thereafter taken to Prem Hospital, Panipat, for treatment. Ashok Kumar also stated that Bharat Bhushan and Gulshan Kumar have in furtherance of their common intention fired gun shots in order to kill Krishan Lal.

(3.) AT about 8 PM one Surender son of Mittar Sain produced Bharat Bhushan before the investigating officer. After interrogation, Bharat Bhushan was arrested on 01.05.2007. The investigation officer went to Prem Hospital, Panipat and filed an application Ex. PR before Dr. Prem Kumar, seeking his opinion whether Krishan Lal is fit to make a statement. Dr. Prem Kumar declared Krishan Lal fit to make a statement. The investigating officer thereafter recorded the statement of Krishan Lal, under Section 161 of the Cr.P.C.