SATBIR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by the appellants against the judgment of conviction dated 08.10.2003 and order of sentence dated 10.10.2003, passed by learned Addl. Sessions Judge, Rohtak whereby the accused -appellants were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of four years each and to pay fine of Rs. 10,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each under Section 120 -B IPC. Accused - appellants Ashok, Satbir, Anand, Bijender and Suraj Bhan were also convicted and sentenced to undergo rigorous imprisonment for a period of one year each and to pay fine of Rs. 2,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each under Section 148 IPC and to further undergo rigorous imprisonment for a period of five years each and to pay fine of Rs. 10,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each under Section 307 read with Section 149 IPC. All the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that FIR in this case has been registered on the statement of Lachman complainant Ex.PN on 28.03.2002, in which he stated that on 25.03.2001, Pawan Kumar grandson of his cousin brother Hardwari Lal was murdered by Sher Singh @ Shera, Rambir, Rajiv etc. and a case was registered about that murder at police station Sampla. Complainant is an eye witness in that case. Sher Singh @ Shera had come out of the jail on bail and whenever he used to cross, he used to ask complainant to think before deposition in that case. During the intervening night of 17/18.03.2002, when complainant along with Subhash was crossing the house of accused Satbir, he was informed that Sher Singh @ Shera, Satbir, Anand and Ashok were conspiring therein and accused Sher Singh @ Shera was saying that complainant be finished and also stated that he would get himself admitted in some hospital on 21.03.2002, so that the evidence could not be recorded in that case. Due to fear, complainant and Sanjiv went to their relatives. Due to 'Holi' festival, he came back to his village. On 26.03.2002, at about 9.30 P.M., when the complainant was going to his house from the baithak of Sanjiv along with Subhash and his brother -in -law Mukesh, then near the house of Ram Gopal @ Pale, accused Ashok, Satbir, Suraj Bhan, Anand, Bijender and Om Pal came from the side of the house of Satbir. Accused Ashok, Om Pal and Suraj Bhan were armed with guns. Accused Anand, Bijender and Satbir were armed with lathis. Accused Ashok raised lalkara and thereafter fired a shot to kill the complainant and the pallet hit on his forehead. Thereafter accused Suraj Bhan fired a shot towards complainant but he ducked down and the pallet hit the face of Mukesh. Anand, Satbir and Bijender gave lathi blows to Mukesh when he was intervening. On raising noise, accused ran away from the spot along with their weapons. Accused were arrested. Gun was recovered as per disclosure statement of accused Ashok along with one empty and five live cartridges. Rough site plan was prepared. Statements of witnesses were recorded. After necessary investigation, challan was presented against accused -appellants.

(3.) IN support of its case, prosecution examined PW -1 Kuldeep Kumar, Clerk in the office of Deputy Commissioner, Rohtak, PW -2 Dr.Rajiv Narwal, Medical Officer, PW -3 Constable Samit Kumar, PW -4 Head Constable Ram Bhagat, PW -5 Constable Rajesh Kumar, PW -6 Head Constable Virender Singh, PW -7 Lachman complainant, PW -8 Dr.Luv Sharma, PW -9 ASI Jai Chand, PW -10 ASI Umed Singh, PW -11 Mukesh, PW -12 Subhash, PW -13 ASI Vijay Singh, PW -14 Raj Mal recovery witness and PW -15 ASI Ram Kishan.