RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal arises out of a judgment passed by learned Additional Sessions Judge, Jind, in Sessions Case No. 62 of 7/12/2000, holding the accused-appellant guilty under Section 302, IPC and also Section 27 of the Arms Act, and sentencing him to undergo R.I. for life with a fine of Rs. 4,000.00 on the first count and RI for one year with a fine of Rs. 1,000.00 on the second count, in default of payment of fine, further undergo R.I. for six months.

(2.) The prosecution case is based on the FIR (Ex. P30) registered on 27/8/2000 at 12.30 p.m. under Section 302, IPC and Section 27 of the Arms Act, on the statement of Surjit (P.W. 1). He stated that he is a resident of Julana and has installed Bharat Brick Kiln Company there. He has three brothers. Tarif was the eldest, the complainant is younger to him and Subhash is the youngest. On 26/8/2000, Tarif left the house saying that he would attend a party in the house of Virender, resident of Village Meharara, who was working as registry Clerk in Tehsil Julana. Virender had constructed a house in Rindhana Colony, Julana, and was hosting a dinner for his friends on that occasion. Tarif and Ram Niwas son of Dhanpat, resident of Gharwali had also been invited in that party. Tarif did not return home till late in the night. His brother-in- law Anup Singh accompanied by the complainant went to the house of Virender to inquire about him. They reached there at about 11.15 p.m. and found Tarif standing in the street in front of the house of Virender with motorcycle. Tarif told them that Ram Niwas hadgiven abuses to him and had left the place saying that he would return with a gun and kill him. They all the three were engaged in talking. At that time, Ram Niwas arrived there with a gun in his hand. On reaching there, he uttered to Tarif that he had abused him 15-20 days back.He would teach him a lesson. With these utterances. he fired a gun shot at Tarif with an intention to kill him. The gun shot hit him in his right knee. He also fired a second gun shot, which hit the deceased below the knee. They tried to apprehend the accused but he managed to escape with the gun. The complainant and Anup Singh carried Tarif to Civil Hospital, Julana, where he was given first aid by the doctor. Joginder son of Des Raj also reached there and arranged for a private vehicle. On being referred, they all took Tarif to PGI, Rohtak. However, he was declared dead there by the doctor. Davinder, resident of Kheri Sampla, told the complainant that earlier 15-20 days back, some altercation had taken place between them over sorrie monetary transaction. On that count, the accused harboured a grudge and has murdered Tarif by firing a gun shot.

(3.) We have heard learned counsel for the parties and perused the records.