GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 10/16/2/2004 passed by the Additional Sessions Judge, Panipat.

(2.) The instant FIR came to be registered on 2/9/1997. The accused-appellant came to be convicted vide judgment of conviction and order of sentence dated 10/16/2/2004. The present appeal against the judgment of conviction and order of sentence was filed on 5/3/2004. The matter has come up for final hearing now after almost 28 years of the registration of the FIR.

(3.) Brief facts of the prosecution case are that on 1/9/1997, on receipt of information about the admission of injured Tara Chand in C.H.C. Samalkha, SI/SHO Yad Ram alongwith other police officials reached there and on an enquiry, the doctor informed that the injured had been referred to General Hospital, Panipat and there also the doctor informed him that the injured had been referred to PGI Rohtak. On 2/9/1997 SI/SHO Yad Ram went to P.G.I. Rohtak and recorded statement of the injured to the effect that he was a resident of village Shahaimalpur, an agriculturist and a retired military personal. The previous day, after withdrawing Rs.6000.00 from State Bank of Patiala, Samalkha, he was going to his house at Shahaimalpur on a cycle and at about 3.45 p.m. when he reached 2-2/1/2 killa ahead of Garhi Chhaju turn, then two young boys came from Samalkha on a Bajaj Motor cycle laid their motor cycle in front of his cycle upon which he stopped his bi-cycle and came down. Both the boys started snatching his thaila in which he had kept Rs.6000.00 wrapped in a handkerchief alongwith some vegetables. When he refused to give the same, then one of them, fired at him with a country-made pistol which hit his left side of the belly and when he tried to catch hold one of them, then they fired in the air on account of which he got afraid. Then both of them fled from the spot alongwith the thaila towards the fields after leaving the motor-cycle at that spot. He raised a raula but none came to help him. After about ten minutes a three-wheeler came from the side of Garhi Chhajju whose driver shifted him to Govt. Hospital Samalkha and got him admitted there. After some time he was referred to Govt. Hospital, Panipat by the doctor and from there to PGI Rohtak. Both the boys were of medium height of the age of about 25 to 30 yrs., clean-shaven, and he could identify them if they came in front of him that action be taken against them and that his bi-cycle and the motor-cycle were lying at the spot. The SI made his endorsement Ex.PN/2 on the said statement and sent the same to Police Station, Samalkha, on the basis of which a formal FIR Ex.PN/3, under Sec. 394 IPC was registered. Then, he alongwith the other Police officials reached the spot, prepared rough site plan, Ex. PQ, took into possession one motor cycle Kavasaki Bajaj make without registration number and one bi-cycle vide memo Ex.PE. He also recorded statements of witnesses. On 3/9/1997, on receipt of V.T. message, about the death of Tara Chand. Ajmer Singh ASI, reached PGI Rohtak and conducted inquest proceedings Ex.PH, on the dead body and got conducted the post-mortem by moving application Ex.PG, from Dr.S.S.Dahiya, M.O. on 3/9/1997. Vide PMR Ex.PF, he opined that the cause of death was haemorrhage and shock due to ante-mortem multiple injuries (gun shot i.e. fire arm injury) which were sufficient to cause the death in the ordinary course of nature. Thereafter, the offence U/s 302 IPC was added.