JAI PARKASH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants, namely, Jai Parkash and Ved Parkash, sons of Ram Pal have filed the present appeal for challenging the judgment and order dated 17/19.2.2004 passed by learned Additional Sessions Judge, Faridabad whereby they were convicted under Section 307 IPC read with Section 34 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2,500/- each and in default of payment of fine, to further undergo rigorous imprisonment for three months. Appellant-Ved Parkash was also convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. Both the substantive sentences in case of Ved Parkash were ordered to run concurrently.

(2.) According to the prosecution, Satender @ Sattu made statement before Sub Inspector Randhir Singh on 10.9.2001 that he was resident of Dabua Colony, Faridabad and President of the Three Wheelers Association, Faridabad. At about 8.00 p.m., he along with his brothers Dharmender and Jitender was present at the three wheeler stand. One driver, namely, Lala (Jai Parkash) came with Bedu (Ved Parkash), President of the Three Wheelers Association, Nangla Road and started picking up the passengers from Bata Chowk in his three wheeler. The complainant asked them not to do so. A quarrel ensued between them. The complainant, thereafter, was going via Bata Chowk, where he was caught hold of by Ved Parkash and fired at by Jai Parkash from a close range. The alarm raised by the complainant attracted his brothers Dharmender and Jitender. On seeing them, both the accused ran away from the spot along with the weapon.

(3.) The trial Court accepted the prosecution case in its entirety and convicted and sentenced the appellants, as mentioned above.