MUKESH BUSSE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 10.4.1995 passed by the learned Sessions Judge, Rohtak. Vide this judgment learned Sessions Judge convicted the appellant for the offences Under section 302/307 of Indian Penal Code and under section 25 of the Arms Act. Under section 302 of Indian Penal Code, appellant has been sentenced to undergo RI for life and a fine of Rs. 250/ -. Under section 307 Indian Penal Code, the appellant has been sentenced to undergo RI for ten years and fine of Rs. 250/ - and under section 25 of the Arms Act, he has been sentenced to undergo RI for six months. In default of payment of fine, the appellant has been ordered to undergo further RI for three months each. The learned Sessions Judge has also ordered that all the sentences shall run concurrently.

(2.) A case under section 302/324/148/149 Indian Penal Code was registered at Police Station Berri on 16.3.1992 on the basis of the statement of Ashok Kumar (PW9). On 16.3.1992 at about 1.20 a.m. PW -9 Ashok Kumar (injured) and Mahinder Singh who had succumbed to the injuries on the way, were brought to Medical College Hospital, Rohtak. PW -9 Ashok Kumar was declared fit to make a statement on 16.3.1992 at 12.55 p.m. by PW -3 Dr. Rajnesh. The statement Ex. PG of Ashok Kumar was recorded at 2.00 p.m. on 16.3.1992 in the Medical College Hospital, Rohtak by SI Ashok Kumar SHO, Police Station, Berri (PW -14). The special report reached Illaqa Magistrate at 5.45 p.m. on 16.3.1992.

(3.) IN his statement recorded before the Police, Ashok Kumar (PW -9) stated that he was resident of village Majra Dubaldhan and he was studying in 10th class. He further stated that on 15.3.1992 at about 9.00 p.m., he along with Mahinder Singh (deceased) and Manoj resident of the same village, had gone to the Ghair of Dharminder @ Kala to watch the video show which was being run there. He stated that about 30/35 children of his village and some boys of other village were also sitting there and the show finished at about 10.30/11.00 p.m. Thereafter, the film viewers started going for their respective houses. He stated that Sat Pal, Manoj residents of his village were little ahead of them and he and Mahinder were following them. At that time 6/7 boys of other village who were following them reached near the shop of Chiman and those boys called them bad names. At this, he and Mahinder stopped and they asked those boys that it was not better to use filthy language in the village. At this those boys felt agitated and said "Are you Thekedar (contractor) of the village." Then those boys exchanged blows with them and one of them took out a knife and gave a blow with it to Mahinder Singh. On receiving the knife blow, Mahinder Singh cried and he (Ashok Kumar) caught hold of the assailant boy. Then that boy gave him a knife blow on his left flank. Then they raised alarm saying "Mar -dia" (killed). Manoj and Satpal who were walking ahead returned and saved them from the assailants. Then the assailants fled away. He further stated that they had seen the assailants in the moonlit night and though he did not know their names and addresses, he could identify them if they were brought before him. He also stated that all those boys were of his age group. He further stated that Manoj informed at their houses and thereafter Narinder Singh, Master Raghbir Singh and other members of the family carried them to the Medical College and Hospital, Rohtak in Maruti Van for treatment. He further stated that his companion Mahinder Singh had succumbed to the injuries on the way and he was admitted in Ward No. 5 for treatment. He also stated that he was in senses and till then his check up and x -ray had been done. SI Ashok Kumar (PW -14) made the endorsement and sent the ruqqa to the police station for registration of the case.