JAI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment of conviction dated 24.01.2012 and order of sentence dated 25.01.2012 passed by Sessions Judge, Panipat vide which appellant was convicted and sentenced for the offences under Section 307 IPC and Section 25 of the Arms Act.

(2.) Prosecution story started with the allegations that on 06.12.2009 at about 1:11 AM, a verbal transmission message was received by Police Post Assandh Road, Panipat from Control Room that a firearm injury was caused to Laxmi (PW 8). On receipt of information, Sub Inspector, Nahar Singh (PW 10) along with other police officials went to the village Sodapur where the complainant Tej Pal (PW7) was found present and he stated before the police that his father and uncle had taken Laxmi for treatment. Complainant Tej Pal got his statement Ex.PL recorded to the effect that he was a student of 10+2 class. His father used to run tea stall in Panipat. His sister Laxmi was married to accused Jai Kishan about 1 ½ /2 years ago. Jai Kishan used to harass her sister and he raised demand of dowry. About 8 months ago, Laxmi gave birth to a daughter namely Tamanna. Due to repeated beatings and harassment of Laxmi, Panchyat was convened and both of them decided for separation about two months ago. Daughter Tamanna was handed over to Jai Kishan. Since then, Laxmi was living with her parental house.

(3.) Complainant further narrated that marriage of his cousin Sunder was fixed on the next day. After taking dinner at the house of his uncle, he along with his family members returned to the house at about 11:30 PM. His parents slept in the inner room. Complainant and his sister Laxmi slept in the front room. Complainant saw some movie on television upto 12 midnight and then after closing the main gate, he closed the door of the main gate, but did not bolt from inside. The light was on in the room, whereas light in the courtyard was off. At about 12:50 AM, he heard the noise and he along with his parents woke up. He saw his sister Laxmi was weeping. Initially, he thought that she was weeping due to some bad dream, but after moving her neck, he found a hole in her jersey, out of which blood was oozing out. Complainant found that someone had fired a shot on her. When the complainant and his father lifted Laxmi from the cot for taking her for treatment, one fired bullet fell from her clothes on the cot. Father of the complainant lifted the fired bullet. Father of the complainant and uncle Ram Saran took Laxmi to the hospital for treatment. Complainant further submitted that his mobile phone which was put on charging was also found missing. Complainant suspected involvement of Jai Kishan for firing a shot at Laxmi on account of grudge of getting divorce.