DEVENDER @ DEV DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried for committing offences punishable under Sections 307 and 427 IPC and Section 25 of the Arms Act. Vide judgment and order dated 1/5.9.2005, learned Additional Sessions Judge, Fast Track Court, Gurgaon, acquitted the appellant under Section 25 of the Arms Act. However, he was convicted under Section 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year. He was also convicted under Section 427 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for one year. Sentences of imprisonment awarded to him were ordered to run concurrently. The period of detention, if any, already undergone by him was ordered to be set off according to law.

(2.) Aggrieved of his conviction and sentence, the appellant filed the present appeal, which was admitted on 20.9.2005. Subsequently, vide order dated 26.5.2006, a co-ordinate Bench of this Court suspended his sentence of imprisonment and ordered his release on bail on furnishing bonds to the satisfaction of the Chief Judicial Magistrate, Gurgaon.

(3.) As per the prosecution case, on 11.9.2004 at about 7.30 a.m., complainant Rajesh Yadav brought girl students in his Maruti van to Dronacharya Engineering College, Khetawas. He found 5/6 Maruti vans already parked there and some boys of Garoli, Bamdoli and Gurgaon were present there, who told him that only their vehicles were authorised to bring the girl students to the Engineering College. At about 2.45 p.m., the complainant parked the van on the Khetawas chowk as the girl students were to be carried by him in his van at 00 p.m., to be dropped at their respective places. In the meantime, one Maruti van came from the side of Wazirpur and stopped near the van of the complainant. The complainant himself was standing at some distance. The said van was driven by the appellant whereas Rinku @ Devender was sitting by his side while Manjit and Rajbir were sitting on the rear seat. The appellant and Rinku @ Devender alighted from the Maruti van and started abusing the driver of the van belonging to the complainant. Rinku @ Devender took out a country made pistol from the right pocket of his pant and fired at the parked van of the complainant. Out of fear, the complainant started running away. Then, appellant Devender @ Dev Dutt as well as Rinku @ Devender fired at the complainant with their country made pistols with the intention to kill him, who entered the Bajra fields and, thus, had a narrow escape. The accused went away after extending threats and also damaged the Maruti van of the complainant.