PAWAN RATHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of the above mentioned two appeals filed on behalf of accused Pawan Rathi, Ravinder @ Ninna, Gaurav Rana @ Kala, Dinesh @ Dhannu and Manish Kumar challenging judgment dtd. 3/2/2014 passed by Additional Sessions Judge, Yamunanagar whereby the accused/appellants have been convicted for offences punishable under Ss. 148, 302, 307, 465, 468, 471 read with Sec. 149 IPC and for offence under Sec. 506 IPC. Vide order dtd. 10/2/2014, the accused have been sentenced for various offences as follows :-

(2.) The case arises out of FIR No.9 under Ss. 148, 149, 341, 307, 302, 506, 120-B IPC and under Ss. 25, 54 and 59 of Arms Act registered at Police Station Chaccharauli, District Yamunanagar on 19/1/2010 on the basis of statement (Ex.PW-4/A) of Ranbir Singh, resident of Village Herewa, Police Station, Chaccharauli, District Yamunanagar. The translated gist of the said statement reads as follows :-

(3.) Pursuant to the aforesaid statement, FIR was lodged. The police conducted inquest proceedings and got post-mortem examination conducted on dead body of Karambir. The police visited the spot and prepared rough site plan. Blood stained earth and empty cartridges were lifted from the place of occurrence. The police also collected MLR in respect of the medical examination of Arun. Accused Pawan, Ravinder, Gaurav, Dinesh and Manish were arrested on 19/1/2010. All the aforesaid five accused were found in possession of country-made pistols along with live cartridges which were taken into possession by the police. It is further the case of prosecution that on 21/1/2010, pursuant to disclosure statement (Ex.PW-15/G) Manish led the police party to the disclosed place and got a 'gupti' recovered. As per the sketch (Ex.PW-15/H), the said 'gupti' is in the shape of a long dagger having a wooden handle measuring 11 cm and a pin type long blade measuring 34 cms. It is further the case of prosecution that on 21/1/2010 Gaurav Rana also made a disclosure statement Ex.PW-16/D and pursuant to the same led the police party to the disclosed place and got a 'patla daat' recovered. A perusal of sketch(Ex.PW-16/C) of recovered "patla daat" shows that the same is in the nature of a knife with handle measuring 12.5 cms and its blade measuring 27.5 cms. The blade apparently is sharp edged from one side. During investigation, the police found involvement of five more accused namely Parvez Kumar, Harpreet Singh, Pardeep Kumar, Sonu Kumar and Dharambir.