SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant order, we propose to dispose of three appeals namely, Criminal Appeal No.387-DB of 1998, preferred by the accused/appellant Subhash, Criminal Appeal No. 410-DB of 1998, filed by the accused/appellant Raj Kumar alias Kala and Criminal Appeal No. 444DB of 1998 filed by the accused/appellant Ajmer.

(2.) The appeals preferred by the accused/appellants Subhash, Raj Kumar alias Kala and Ajmer seek to impugn the order passed by the Additional Sessions Judge, Rohtak, in Sessions Case No.56 of 1997, decided on 17.7.1998. By the aforesaid judgment, The Additional Sessions Judge, Rohtak, held the accused/appellants guilty of having intentionally committed the murder of Surender under section 302 read with section 34 of the Indian Penal Code. All the accused/appellants were also held guilty of having caused grievous injuries to Mukesh and Surender while committing robbery and snatching away from them a motor-cycle and other valuables under section 394 read with section 397 of the Indian Penal Code. The accused/appellant Subhash was also convicted under section 25 of the Indian Arms Act, 1959 on account of having in his possession a knife with an unauthorized blade without any permit or license. Likewise, the accused/appellant Ajmer was also convicted under section 25 of the Indian Arms Act, 1959 for a similar accusation. The accused/appellants Subhash, Raj Kumar alias Kala and Ajmer was also impugned the order dated 20.7.1998 passed by the Additional Sessions Judge, Rohtak whereby all the accused/appellants have been sentenced to undergo imprisonment for life and a fine of Rs.10,000/-each under section 302 read with section 34 of the Indian Penal Code. In case of default in payment of fine, the defaulting convict(s) was/were ordered to undergo further rigorous imprisonment for a period of two years. All the accused/appellants were also sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.5000/each for the offence punishable under sections 394 read with section 397 of the Indian Penal code. In case of default in payment of fine, the defaulting convict(s) was/were ordered to undergo further rigorous imprisonment for a period of one year. The accused/appellants Subhash and Ajmer were also sentenced to undergo rigorous imprisonment for two years under section 25 of the Indian Arms Act, 1959.

(3.) The prosecution version of the incident is based on the statement made by Bani Singh PW1 to HC Des Raj PW12 on 24.2.1996. In his statement Bani Singh PW1 stated that he was a resident of village Kila Jafargarh under Police Station, Julana, where he pursued the occupation of a mason. According to Bani Singh PW1, Mukesh PW2 and Surender were sons of his two brothers Goverdhan and Rameshwar respectively. They were also residents of village Kila Jafargarh. The aforesaid Mukesh PW2 and Surender were pursuing the occupation of carpentry. On the day preceding the day, when the statement was recorded i.e., on 23.2.1996, Mukesh and Surender had left Rohtak for village Kila Jafargarh at about 8:00 PM on a black Rajdoot motorcycle bearing registration No.HR-06B9449. Despite the aforesaid, they did not reach village Kila Jafargarh during the night on 23.2.1996. At about 6.30 A.M on 24.2.1996, the complainant Bani Singh PW1 is stated to have gone to Rohtak from his village in a matador. He was accompanied by Mahabir PW3. When they reached a 'kotha" (room) on the Eastern side of a "pulia" (small bridge), a little away from the culvert after crossing Chandi bus stand, then Mukesh PW2 gave a signal to the matador to stop. The driver of the matador stopped the vehicle and allowed Mukesh PW2 to board the same. According to the statement of Bani Singh PW1, Mukesh was wearing blood stained clothes and had wounds on his body. He also stated that Mukesh was perplexed. According to the complainant Bani Singh PW1, he had asked Mukesh PW2 how he had suffered the injuries on his person, in response to which Mukesh informed him that Mukesh PW2 and Surender were coming back to their village Kila Jafargarh on their motorcycle after attending a cremation ceremony at Rohtak. Four persons with lathis in their hands near the "pulia" stopped them and gave them a beating with their lathis. Thereafter, they were taken to the road near the 'kotha" and given knife blows. According to the statement of Bani Singh PW1, Mukesh PW2 had informed him that he had become unconscious. After regaining consciousness, he went to the road with the intention for going to Rohtak for treatment and gave a signal to a matador passing by. Thereafter, he again became perplexed. According to Bani Singh PW1, he and Mahabir PW3 took Mukesh PW2 to the Medical College and Hospital, Rohtak and got him admitted there. Bani Singh PW1 then sent information about Mukesh PW2 to his family members. Bani Singh PW1 then, along with other persons from his village claims to have gone to the place of occurrence so as to make inquiries about Surender. He found Surender's dead body lying on the Eastern side of the "kotha" adjoining the Rohtak Jind road. Blood was oozing from the body. He did not find the motorcycle of Surender at the place of occurrence. According to the complainant Bani Singh PW1, the murder of Surender had been committed by four persons in order to snatch the motor cycle of Surender for which they caused injuries to Surender and Mukesh with lathis and knives. According to the complainant Bani Singh PW1, true facts about the occurrence were known to Mukesh PW2 and he would disclose the same after regaining consciousness. While recording his statement, he also stated that one Atlas make bicycle was lying near the dead body of Surender, when it was recovered.