BABLOO ALIAS BHAGAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused-appellants Babloo, Sukha @ Kalyan and Rohtash were challaned by the Police Station, City, Palwal, under Sections 307, 506 IPC. Consequently, out of aforesaid accused, Rohtash was acquitted whereas Bablu and Sukha were convicted under Section 307 IPC read with Section 34 IPC and sentenced to undergo RI for 10 years and to pay a fine of Rs. 10,000/- each. It was further ordered that the fine, if recovered, shall be paid to PW Ramesh as compensation.

(2.) THE facts in brief are that on 19.11.1997, at about 5:15 A.M. Ramesh along with his brother Laxman had gone for his usual morning exercise and race on Jodhpur road. When they were near the culvert of sewerage water the accused Bablu, Sukha @ Kalyan Singh and Rohtash came from the side of the Hospital. In the mean time Megh Raj and uncle of Ramesh also came from the side of Village Jodhpur and they started talking with the complainant Mahavir (hereinafter referred to be as the "complainant"). Thereafter Megh Raj went towards Palwal Town and Ramesh went towards the fields for easing himself. The accused while sitting in the car came from behind. Accused Babloo fired a shot hitting Ramesh on the right side of his abdomen and fired another shot hitting on the right arm. Sukha fired a shot hitting Ramesh on the right fore-arm and another shot on the right thigh. Ramesh fell down. When Laxman and Megh Raj came to rescue Ramesh, the accused while challenging to take the life of Ramesh, left the place. Laxman and Megh Raj took Ramesh to Escorts Hospital, Faridabad.

(3.) MAHAVIR in collusion with the accused, while distorting the facts, lodged the FIR on 19.11.1997 at about 6:30 a.m. However, Ramesh remained unfit to make the statement upto 22.11.1997. On 22.11.1997 At about 2 p.m, he made a statement Ex.PB before Ameer Singh Sub Inspector. Thereafter, he also recorded the statement of Laxman and Megh Raj. On the basis of said statement Ex. PB, the accused was arrested on 23.11.1997. Scaled site plan was also prepared. Accused Sukha was arrested on 16.10.1997 by Ram Niwas ASI. On completion of the investigation, the aforesaid accused were challaned. Consequently, they were charged under Section 307 read with Section 34 IPC and Section 506 IPC to which they pleaded not guilty and claimed trial.