RAGHVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, we are disposing of Crl. Appeal No. 984-DB of 2004 filed by Raghvinder-appellant, Crl. Appeal No. 8-DB of 2005 filed by Sombir-appellant, Crl. Appeal No. 168-DB of 2005 filed by Dinesh and Krishan-appellants and Crl. Appeal No. 323-DB of 2005 filed by Sultan Singh- appellant, whereby they have challenged the judgment and order passed by Additional Sessions Judge, Sonepat dated 9/12.10.2004. Vide the said judgment and order, all the five appellants were sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- each under Section 302/149 IPC. In default of payment of fine, each one of them was directed to undergo RI for six months. They were also sentenced to undergo RI for two years and to pay fine of Rs. 1000/- each under Section 452/149 IPC. In default of payment of fine each of the appellants was sentenced to undergo RI for one month. The appellants were also sentenced to undergo RI for one year each under Section 148 IPC. Krishan-appellant was further sentenced to undergo RI for one year and to pay fine of Rs. 1000/- under Section 25 of the Arms Act. In default of payment of fine, he was directed to undergo further RI for one month. All the substantive sentences were ordered to run concurrently.

(2.) The facts giving rise to the present case are that deceased Sonia daughter of Bir Singh used to reside with her maternal uncle Ram Phal in village Bidhal. Dinesh-appellant who was resident of village Bidhal abducted Sonia. In this connection FIR No.336/1999 under Sections 363/366 IPC was registered in Police Station, Gohana. The trial of the case was pending in the Court at Sonepat at the time of the present occurrence. In the meantime, on 5.3.2000, complainant-Rohtas solemnized marriage with Sonia after performing Chunni Ceremony. About 15/20 days earlier to the occurrence, Dinesh-appellant came to Ganaur, where the complainant and his wife Sonia were residing. He gave threats to Sonia and then went away. The complainant was informed of this incident by Sonia in the evening. However, he did not take it seriously.

(3.) On 22.10.2001 at about 9.15 AM, complainant-Rohtas and his brother Sunil @ Sonu were tethering the buffaloes in a vacant plot in front of their house in Hari Nagar Colony, Ganaur. In the meantime, a Maruti car bearing No.DL-2C-1198 came there and stopped near their house. Five young persons were sitting in the said car. Dinesh whom the complainant knew earlier and three other boys alighted from the car, while their fifth companion remained sitting at the driver seat and kept the ignition of the car on. Dinesh and three boys entered the house of the complainant. They reached the courtyard, where the complainant's wife Sonia and his mother Chhano were sitting. Dinesh fired two shots from his pistol, hitting Sonia, while the second boy fired on her right knee. At this Chhano ran into the veranda in order to save herself. The other two boys fined three shots at Chhano. Two of the shots hit Chhano while the third struck against the door and pierced the shutter. As a result of the firing the complainant's wife Sonia and his mother Chhano died at the spot. Complainant and his brother Sunil @ Sonu could not intervene as they feared danger to their lives at the hands of Dinesh and others. Thereafter, all the accused left the spot after boarding the Maruti car, in which they had come. According to complainant-Rohtas, the four boys, who were accompanying Dinesh were having beard and he and his brother could identify them in case they were brought before them.