RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant- Rajesh Kumar has filed appeal bearing CRAD-No.236-DB-2003, being aggrieved by judgment and order dated 23.01.2003 passed by learned Sessions Judge, Sirsa in Sessions Trial No.30 of 2001, in case FIR No.24 dated 27.01.2001 registered under Sections 302 read with 34 Indian Penal Code (IPC) and Section 25 of the Arms Act, at Police Station Sadar Sirsa, by which the appellant Rajesh Kumar was held guilty of offence of murder and was sentenced to undergo imprisonment for life.

(2.) The State of Haryana has filed criminal appeal bearing number CRA-D-No.694-DBA-2003 against Sanjay Kumar the coaccused who was acquitted by the trial Court in the aforesaid sessions case.

(3.) In brief the prosecution case is that on 27.01.2001 the deceased Jai Singh had come to village at about 3.00 pm. At about 5.30 pm Satbir along with others were watching the cricket match being played at a distance of one acre from their house. Sanjay Kumar accused, PW-9 Dharambir and Rajbir were playing cricket match. There was some altercation between accused-Sanjay Kumar and PW-9 Dharambir. Sanjay Kumar caught hold of the neck portion of the shirt of Dharambir and threw him on the ground, who started abusing him. Sanjay Kumar gave two/three slaps to Dharambir who started going towards the house while weeping. On the way Jai Singh deceased met him and asked the reason for his weeping. Dharambir narrated the entire episode to him. Thereafter, Jai Singh asked Sanjay Kumar as to why he had beaten PW-9 Dharambir. But Sanjay Kumar started abusing Jai Singh also, who slapped him. Sanjay Kumar went towards his house by saying that he will teach lesson to Jai Singh for slapping him. Then accused Sanjay Kumar brought a double barrel .12 bore gun from his house. In the meanwhile, another accused Rajesh Kumar also reached the spot. He also proclaimed that they will teach Jai Singh a lesson for slapping Sanjay Kumar. Suddenly accused Rajesh snatched the gun from the coaccused Sanjay Kumar and fired a shot which hit the chest of Jai Singh, who fell down on the ground. Thereafter, both the accused ran away from the spot. Jai Singh was declared dead by the Doctors when he was brought to the hospital. The FIR was registered and post-mortem examination of the dead body was conducted. The police made investigation and thereafter filed chargesheet. The trial Court recorded evidence of witnesses, including the eye witnesses and finally convicted the appellant Rajesh Kumar but acquitted Sanjay Kumar.