BAKHTAWAR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 6.11.2003 vide which all the three appellants were held guilty and convicted for the offences punishable under Section 307, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the IPC') and the order of sentence of the even dated vide which the appellants were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.20,000/- each, in default of payment of fine to further undergo rigorous imprisonment for a period of two years under Section 307 IPC. They were further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- each, in default of payment of fine to further undergo rigorous imprisonment for a period of one year each under Section 323 IPC.

(2.) Brief facts of the case giving rise to this prosecution are that on 6.8.1999 at about 9 P.M, complainant-Kala Singh along with Mohinder Singh and Harnam Singh was standing in front of house of Sumer son of Kartar Singh situated at village Kuta Budh. Accused Dilawar Singh along with 3-4 persons was seen coming towards that side riding on a jeep. They were having guns. Dilawar Singh and his companions started beating up Santa Singh with the butts of their guns. All of them carried Santa Singh to the house of accused appellant-Diwan Singh. Santa Singh was raising an alarm. After some time, they heard the sound of the gun shot from near the house of Diwan Singh. The jeep in question carrying Dilawar Singh and other persons were seen coming back from the house of Diwan Singh. When the complainant and his companions attempted to stop the said jeep, accused Dilawar Singh and his companions opened fired at complainant and his companions as a result of which complainant-Kala Singh, Mohinder Singh and Harnam Singh suffered the fire arm injuries. After some days, accused Dilawar Singh and his companions managed to escape from the spot. On the statement of complainant-Kala Singh Ex.PO, the formal FIR Ex.PO/B was registered and investigation was started.

(3.) The Investigating Officer took into possession the clothes of the injured vide memo Ex.PR. He visited the spot on 7.8.1999 and prepared the rough site plan of the place of occurrence Ex.PS. He also took into possession the blood stained earth from the spot vide memo Ex.PT after preparing the sealed parcel. He recorded the statements of other injured witnesses. Accused were arrested on 24.8.1999. In pursuance of the disclosure statement of accused appellant-Dilawar Singh, the pistol was recovered which was taken into possession vide memo Ex.PU after preparing its sketch and the sealed parcel. The articles of the case property was sent to the Forensic Science Laboratory for examination.