VINOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall also dispose of Crl. Appeal No. 470 -DB of 2007 (Manoj v. State of Haryana) and Murder Reference No. 5 of 2007 (State of Haryana v. Manoj and another), as these matters, namely, Crl. Appeals by the accused -appellants and murder reference by the State, arise out of a judgment dated 16.4.2007 passed by learned Additional Sessions Judge (I), Bhiwani, in Sessions Trial No. 48 of 27.3.2004. The learned Additional Sessions Judge has passed the judgment of conviction and sentence as under:

(2.) THOUGH , accused Vinod and Anoop @ Kirori (declared to be a proclaimed offender) have also been held guilty of the offence under Section 307 IPC read with Section 34 IPC by the learned trial Judge but he has not awarded any sentence in respect of accused Vinod on that count. Moreover, it appears that, by mistake, the learned trial Judge has held the absconding accused Anoop @ Kirori guilty under Sections 307/34 IPC even though the said accused has not been tried jointly in this sessions case.

(3.) AS per prosecution case, it appears from the ruqa (Ex.PE -PE/1) and FIR (Ex.PF/1) that MHC, PS Siwani, received a V.T. message from Hissar that three youths had snatched a motorcycle from Hrita Bridge and run away towards Sharva Miran. Pursuant thereto, author of the FIR, SI/SHO Bhagwan Dass, PS Siwani, set out with HC Dhruv No. 887 and HC Kailash Chand No. 452, in a Government Jeep No. HR -16 -0935, driven by Constable Subhash No. 407, to Dhoolkot Chowk, Rupana, for nakabandi (laying blockade). The nakabandi started at about 5.30 PM. At that time, Constable Sushil Kumar (No. 977), who was posted as Naib Court, JMIC, Siwani, met the SHO. While the SHO was talking to him, a motorcycle of black colour was noticed coming from Siwani side with three youths riding it. Having seen the police party, they turned back the motorcycle and fled away. The SHO with other police officials and Constable Sushil Kumar, followed them in the Government jeep. However, the motorcyclists turned the vehicle towards the middle street of Rupana but the vehicle was caught into mud in the street. Hence, they abandoned the motorcycle there and fled away. Seeing that, the SI/SHO along with HC Dhruv, HC Kailash and Constable Sushil Kumar also left the jeep and ran behind them to apprehend. The miscreants crossed the village and entered into a field. The SHO surrounded the field from Dhoolkot side along with other police personnel, therefore, the miscreants turned towards the Talwandi road. In the meantime, Driver of the Government vehicle, Constable Subhash, brought the jeep from Dhoolkot Road to Talwandi Road and surrounded the miscreants. He caught hold of one of them. In the meantime, other two accused fired 2 to 3 rounds at Constable Subhash. The accused, who was caught hold of by Constable Subhash, also fired from his pistol not at Subhash but at Constable Sushil, which, however, did not hit him. The SHO also fired two rounds from his service pistol, and then he along with other police officials managed to apprehend the accused, who had been caught by Subhash and who had fired at Constable Sushil Kumar. Having received bullet injuries, the driver of the jeep, Constable Subhash, became unconscious and collapsed on the ground. The other two accused managed to flee away, in the Government jeep, along with a police SLR and a magazine of 15 rounds lying therein, towards village Talwandi while indulging in firing. The accused, who was apprehended on the spot, also tried to free himself. During the course of occurrence, the accused and Constable Sushil, received injuries. On enquiry, the accused revealed his name as Manoj son of Narender and the names of his two associates as Vinod son of Lachhi and Anoop son of Rattan Singh, Jat. From the search of accused Manoj, a country made pistol along with magazine and 4 live cartridges of 9 mm were recovered. The SHO flashed the message throughout the district informing the police to hold nakabandi. ASI Madan Lal reached the spot on his motorcycle on receiving the message and accused Manoj along with his country made pistol was handed over to him. The SHO arranged a private jeep and carried Constable Subhash to Hissar for treatment. By the time he could reach the CMC, Hissar, Constable Subhash succumbed to the fire arm injuries.