PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants, namely, Pawan Kumar, Tej Pal, Dharambir and Narender Singh alongwith Sunil, Virender @ Nitu, Devender, Naveen and Mahipal were tried for committing the offences punishable under Sections 148, 323 read with Section 149 IPC, Section 427 read with Section 149 IPC and Section 302 read with Section 149 IPC. Vide judgment and order dated 22/27.11.2012, learned Sessions Judge, Panipat acquitted the co-accused of the appellants of all the charges against them. The appellants were also acquitted of the charge under Section 427 read with Section 149 IPC. They were, however, convicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of L 1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for six months. They were also convicted under Section 323 read with Section 149 IPC and sentenced to undergo rigorous imprisonment for six months each. They were also convicted under Section 302 read with section 149 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of L 5,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for four years. The sentences awarded under all the heads were ordered to run concurrently.

(2.) Aggrieved of their conviction and sentence, Pawan Kumar, Tej Pal and Dharambir filed Crl. Appeal D-69-DB of 2013 whereas Narender Singh has filed Crl. Appeal D-27-DB of 2013. As both the appeals arise out of one and the same judgment of conviction and sentence, they are being disposed of by a common judgment.

(3.) According to the prosecution, complainant-Shamsher Singh made statement Ex. PA before Sub Inspector Dharambir, Station House Officer, Police Station Israna at the place of occurrence at village Palri on 21.8.2009 at 1.30 a.m. stating therein that he was resident of village Israna and studying in B.A. Ist year in Government Secondary School. A day before, i.e. on 20.8.2009, Gulab Singh @ Bintu and Ravinder, residents of village Butana came to him during day time. Gulab Singh told him that he had a quarrel in village Palri with Tej Pal-accused and his brothers, residents of village Palri with regard to installation of hand pump and causing of slush in the street but the matter was patched up. On the request of Gulab Singh, the complainant came to village Palri at about 6 p.m. with him and Ravinder on their motor cycle for leaving them. All of them sat on the roof of the house of Gulab Singh in which he lived on the portion of the house falling to his mother. Meshi, the maternal aunt of Gulab Singh was also sitting with them on the roof of the house. At about 11.00 p.m. on hearing the voices of some persons, Gulab Singh and Ravinder came in the street. At that time, Tej Pal and his brothers Raja and Dharambir alongwith 8/10 other persons were standing in the street. He did not know their names and addresses. However, only Tej Pal and his brothers were known to him. Tej Pal was armed with a knife whereas his brothers were having a prop (pawa) of cot, dandas and lathies. The complainant kept on watching from the roof of the house. Tej Pal gave a knife blow to Gulab Singh on the back of his right flank whereas others caused injuries to Gulab Singh and Ravinder with their respective weapons. Gulab Singh succumbed to the injuries at the spot. Ravinder had also suffered injuries but in order to save himself, he ran away by taking his motor cycle. In order to save himself, the complainant kept on hiding on the roof of the house. After inflicting injuries, Tej Pal and others fled away from the spot with their respective weapons.