SAMIR NAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Amit Yadav, Samir Nain and Raghbir Singh faced trial before the learned Additional Sessions Judge, Yamunanagar at Jagadhri. Accused Raghbir Singh was acquitted whereas Amit Yadav and Samir Nain were convicted under Sections 307/34,452/34 and 427/34 IPC. Amit Yadav also was convicted under Section 25 of the Arms Act, 1959. Accused Amit Yadav and Samir Nain aggrieved by the above conviction and sentence thereunder passed by the trial Court have preferred these individual appeals.

(2.) Pw3 Satinder Kaur was the wife of Charanjeet Singh Walia. She has categorically deposed that on 31.12.2008, she along with her husband participated in the celebration of New Year festival at the house of PW5 Narender Garg. At about 11.30 P.M., when she and her husband after taking dinner were standing in porch of the house of PW5 to proceed to their house, Amit Yadav armed with a pistol and Samir Nain armed with an iron rod entered into the house of PW5. Amit Yadav fired two shots aiming at her husband. One shot hit the flower pot in the house of PW5 and the other went in the air. He again fired two more shots in the air. Samir Nain broke the panes of Safari car of PW5 which was parked in the porch. Amit Yadav also broke one of the panes of the car. He also fired one more shot which hit the pane of the Safari Car. PW1 Amit Khetan also was present in the house of PW5. Amit Yadav attacked Charanjeet Singh Walia with an intention to kill him.

(3.) Pw1 Anil Khetan supported the version of PW3, whereas PW5 Narender Garg in whose house New Year celebration was conducted and the occurrence took place did not support the case of the prosecution.