DAINI BHATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) After hearing learned counsel for the parties, the present application is allowed and the applicant is also granted exemption from filing certified copy of Annexure A -1. The above -said document Annexure A -1 is taken on record, subject to all just exceptions.

(2.) The present order shall dispose of Criminal Misc.No.40394 of 2012 filed under Sec. 482, Cr.P.C., for recalling of the judgment dated 19.10.2011 in Criminal Appeal No. 546 -DB of 2005 qua the applicant/appellant, Daini Bhati, and to declare him a juvenile.

(3.) The brief facts of the case are that Ashok Madan (since deceased) was running whole sale cigarette shop in Chawla Colony, Ballabhgarh, District Faridabad. Radhey Lal (since deceased) Jatinder (PW -3) and Durga Parshad (PW -7) were working at the shop of Ashok Madan. On 01.07.2003 at about 7:30 p.m. Ashok Madan with the assistance of Jitender, Durga Parshad and Radhey Lal was counting the sale proceeds of the day. The applicant along with his co -convicts barged into the shop of Ashok Madan; brought down the shutter of the shop from the inside; one of the intruders inflicted blow with the butt of the country made pistol on the mouth of Jitender (PW3); all the accused/convicts started inflicting injuries with knives to Jitender and his co -employees and thereafter, dragged the employees to a cabin where Ashok Madan was sitting; knife blows were also inflicted on the person of Ashok Madan; Radhey Lal and Ashok Madan were tied by means of a rope and severe injuries were caused to them; one of the assailants picked up the bag containing the cash and tried to run away; the employees named hereinabove tried to stop the assailants and during that exercise, the mask of one of the assailants slipped down; the assailants threatened the persons present in the shop with dire consequences of death in the event they raised an alarm and thereafter, ran away with the bag containing the cash; Ashok Madan and Radhey Lal breathed their last on account of the injuries received by them at the hands of the assailants; Jitender (PW3) informed his relative who was residing in the vicinity of the place of occurrence and thereafter, the police was informed and the injured persons were taken to the hospital.