DEVENDER ALIAS LATKAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant -Devender @ Latkan, along with Kedar, Bijender Singh, Binesh and Jai Singh, was tried for committing offences punishable under Sections 148, 323/149 and 302/149 IPC on the allegations that they were members of an unlawful assembly, common object of which was to commit the offence of rioting while being armed with deadly weapons, causing hurt to Vivek Rawat, besides committing the murder of Sanjeev. Kedar was also tried for committing the offence under Section 25 of the Arms Act for having been found in possession of one country made pistol of .315 bore, along with one live cartridge of the same bore without any permit or licence. After recording the prosecution evidence and noticing that none of the witnesses had stated about Binesh and Jai Singh to be present at the time of the occurrence and, thus, there was nothing incriminating on record so as to examine them under Section 313 Cr.P.C., the trial Court, vide order dated 14.12.2006, acquitted them of the charges against them. Subsequent thereto, the three other accused, namely Devender @ Latkan, Kedar and Bijender Singh were examined under Section 313 Cr.P.C. followed by the defence examining twelve witnesses. The trial Court vide judgment and order dated 3.7.2010 convicted Devender @ Latkan, Kedar and Bijender Singh under Sections 148 IPC and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for six months. They were further convicted under Sections 302/149 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/ - each and in default of payment of fine, to undergo further rigorous imprisonment for one year. They were also convicted under Sections 323/149 IPC and sentenced to undergo rigorous imprisonment for one year each. All the substantive sentences were ordered to run concurrently. The period of custody undergone during investigation or trial of the case by any of the convicts was ordered to be set off against their substantive sentences.

(2.) Aggrieved of the impugned judgment of conviction and sentence passed by the trial Court, Devender @ Latkan filed the present appeal, whereas Kedar and Bijender Singh convicts filed Criminal Appeal No.D -726 -DB of 2010 and Criminal Appeal No.D -822 -DB of 2010, respectively. Pursuant to issuance of notice, learned State counsel had put in appearance and the record of the trial Court requisitioned. As all the three appeals arise out of the same judgment of conviction and sentence, they are being disposed of by one common judgment.

(3.) The prosecution case, in brief, is that on 10.12.2005 at about 10.15 p.m. when the marriage of Surender Parashar's sister was being solemnized, complainant Kuldeep @ Bhappa, along with Vivek Rawat, Manish Arora, Sanjeev Tewatia and Sunil Tewatia, being friends of Surinder Parasher reached there in a car bearing registration No. HR -29 -M -2919 and proceeded towards House No.2148, Sector 3, Faridabad. The complainant, who was driving the car stopped the vehicle at Tigaon road 'T' point on the turn of Tagore School, which was 150/200 metres short of the marriage place. The time was about 10.30 p.m. The complainant felt an urge to urinate. In the meantime, one black colour Alto car without bearing any registration number and one yellow colour motorcycle CBZ came and halted there. Binesh and Kedar carrying pistols, Bijender and Devender @ Latkan, besides three other persons carrying rods and dandas, got down. Binesh and Kedar fired at the complainant party. As a result, Sanjeev Tewatia was hit and blood started oozing out. Bijender, Devender @ Latkan and other persons inflicted injuries to Sanjeev Tewatia with dandas, besides giving blows with lathis and dandas to Vivek Rawat. While firing towards complainant party, the assailants left in their car and motorcycle. While leaving, the assailants had proclaimed that if anyone followed them, he would also be killed. Sanjeev Tewatia was removed to Escorts Hospital, Faridabad where the doctor declared him as brought dead.