MANOJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeals No. 889-DB of 2006 filed by Manoj Kumar and Raj kumar @ Raju, 939-DB of 2006 filed by karan Singh @ Kama, 3-DB of 2007 filed by Shree Bhagwan @ Dhollu and 29-DB of 2007 filed by Vinod, Accused/appellants, arising out of the judgment of conviction and the order of sentence dated 11-11 -2006 rendered by the Additional Sessions Judge (I ). Bhiwani vide which it convicted the accused/appellants and sentenced them as under :

(2.) THE facts, in brief, are that on 12-10-1994, vinod Kumar (since deceased), along with his driver, Avnish, and his employee, namely, Satish Kumar, had set out from Jind in Car No. HR-31c-4154, driven by Avnish for collecting payment from his various clients at Kosli, Narnaul, Kanina, Dadar, bhiwani and Tosham, but while on their way back, from Tosham towards Jind, via Bawani khera, they were chased by a Bolero Jeep at about 8. 30 p. m. Avnish driver of the Car however, made an attempt to avoid being over taken by the aforesaid Bolero Jeep, but he could not succeed and had to stop the vehicle, in a narrow lane near a brick kiln, thus, necessitating the abandonment of the car, at which juncture, the occupants of bolero Jeep, after alighting therefrom, fired a shot, at Vinod Kumar, as a result whereof, he died, whereas, his driver, Avnish, escaped, after having concealed himself, and satish Kumar escaped, by pleading with the assailants, that he was merely an employee. Cash amount of Rs. 95,000/-, which was statedly, in the brief case, lying in the car, was taken by the assailants. During the course of investigation, the accused were arrested, for having participated, in the aforesaid occurrence.

(3.) THE challan was initially presented against accused Shree Bhagwan, Raj Kumar alias Raju and Manoj Kumar on 8-1-2005. Thereafter, Karan Singh, accused, was arrested and supplementary challan was filed against him on 7-9-2005. Thereafter, another absconding accused, Vinod, was also arrested on 23-8-2005, and a supplementary challan against him was filed on 14-12-2005. However, the sixth accused remained absconding and could not be arrested.