VIKASH @ BOBY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant order, we propose to dispose of Criminal Appeal No.538-DB of 1998 (filed by the accused/appellant Vikash @ Boby), Criminal Appeal No.1-DB of 1999 (filed by the accused/appellant Sanjiv Kumar @ Raju) and Criminal Appeal No.3-DB of 1999 (filed by the accused/appellant Amrik Singh).

(2.) Through the aforesaid appeals, the accused/appellants Vikash @ Boby, Sanjiv Kumar @ Raju and Amrik Singh have impugned the judgement rendered by the Additional Sessions Judge, Ambala, in Sessions Case No.9 of 1997, on 5.11.1998, by which all the accused/appellants were held guilty for having intentionally committed the murder of Rajiv on 19.10.1996 in furtherance of their common intention, and have as such, been convicted, under Section 302 read with Section 34 of the Indian Penal Code. The accused/appellants have also impugned the order passed separately on 7.11.1998, by the Additional Sessions Judge, Ambala, whereby, all the accused/appellants Vikash @ Boby, Sanjiv Kumar @ Raju and Amrik Singh have been sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/-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) has/have been ordered to undergo further rigorous imprisonment for six months.

(3.) The prosecution version of the incident emerges from the statement made by the complainant Sanjiv Kumar PW7 to Inspector Kiratpal Singh PW9, on the intervening night of 19/20.10.1996 at 1.00 AM. In his aforesaid statement, the complainant Sanjiv Kumar PW7 asserted that he was a resident of Sharda Nagar near Manav Chowk, Ambala City, and that, he was running a cassette shop at Manav Chowk on Rattangarh Road. He stated that he was being assisted by his brother Rajiv, aged about 22 years in his aforesaid shop. According to the statement of the complainant Sanjiv Kumar PW7, on 19.10.1996, after he, as well as, his brother Rajiv had taken dinner alongwith the son of his "chacha" (father's younger brother) Rakesh Kumar PW8, all the three had gone to watch "Ramlila". Whilst his brother Rajiv was standing at about 5/7 paces ahead of them, he saw the accused/appellant Amrik Singh abusing his brother Rajiv. Two other boys accompanying the accused/appellant Amrik Singh, namely, the accused/appellant Sanjiv Kumar @ Raju and the accused/appellant Vikash @ Boby, who were known to him, were also standing there. On seeing the altercation between his brother Rajiv on the one side with the accused/appellant Amrik Singh on the other, the complainant Sanjiv Kumar PW7 alongwith Rakesh Kumar PW8 went to the aid of his brother Rajiv. Consequent upon their intervention, the matter was hushed up. Before intervening between the quarreling parties, the complainant Sanjiv Kumar PW7 had heard the accused/appellant Amrik Singh stating that the complainant's (Sanjiv Kumar PW7) brother Rajiv had hurled abuses at him and had also given him a beating for which he would take revenge. According to the statement of the complainant Sanjiv Kumar PW7, he (Sanjiv Kumar PW7) and Rakesh Kumar PW8 brought Rajiv to the place where they were standing, and started watching "Ramlila" again. After about half an hour, the complainant's (Sanjiv Kumar PW7) brother Rajiv told the complainant that he was going for urination, and that , he would soon come back. Accordingly, the aforesaid Rajiv went towards the road of Sector-8 for urination. Since Rajiv did not return after urinating, the complainant Sanjiv Kumar PW7 got suspicious. Accordingly, the complainant Sanjiv Kumar PW7 and his cousin Rakesh Kumar PW8 went towards the road of Sector-8 to find Rajiv. At that juncture, the complainant Sanjiv Kumar PW7 saw that the accused/appellants Vikash @ Boby, Sanjiv Kumar @ Raju and Amrik Singh had encircled his brother Rajiv and were hurling abuses at him. The complainant Sanjiv Kumar PW7 saw the accused/appellant Amrik Singh catching hold of his brother Rajiv from behind and the accused/appellant Vikash @ Boby giving slap and fist blows to him. When the complainant Sanjiv Kumar PW7 and his cousin Rakesh Kumar PW8 reached near them, the accused/appellant Sanjiv Kumar @ Raju took out a knife from his pocket and inflicted a blow with the same on the left flank of Rajiv. On witnessing the aforesaid occurrence, the complainant Sanjiv Kumar PW7 and his cousin Rakesh Kumar PW8 raised a "raola, mardita-mardita" (hue and cry, killed-killed). Whereupon all the three accused/appellants Vikash @ Boby, Sanjiv Kumar @ Raju and Amrik Singh ran away towards Sector-8. The complainant Sanjiv Kumar PW7 and his cousin Rakesh Kumar PW8 took Rajiv in an injured condition on a scooter to the Civil Hospital, Ambala City. On the way to the hospital, Rajiv succumbed to his injuries. After leaving Rakesh Kumar PW8 near the dead body of Rajiv, the complainant Sanjiv Kumar PW7 went towards the police station to lodge a report. On his way, he met Inspector Kiratpal Singh PW9 and accordingly, got his statement recorded at his hands.