TAQDIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, we shall dispose of CRA-D-177-DB-2016, filed by accused Taqdir, CRA-D-201-DB-2016, filed by accused Rambir and Devender, CRA-D-204-DB-2016, filed by accused Anil, CRA-D-205-DB-2016, filed by accused Arun, CRA-D-206-DB-2016, filed by accused Jyoti Parkash, CRA-D-207-DB-2016, filed by accused Kuldeep alias Bhandari and CRA-D-236-DB-2016, filed by accused Karambir alias Chhota, Ashok, Naresh alias Neshi, against judgment of conviction dated 30.1.2016 and order of sentence dated 1.2.2016, vide which 10 accused/appellants, named above, except Taqdir, were convicted under Sections 302, 307, 120-B, 149 IPC. Accused/appellant Taqdir was held guilty under Sections 120-B IPC read with Sections 302, 307 IPC. Accused/appellants Kuldeep alias Bhandari, Anil and Arun were held guilty under Section 25 of the Arms Act, whereas accused/appellants Kuldeep alias Bhandari, Anil, Arun, Jyoti Prakash, Karambir, Ashok and Naresh were also held guilty under Section 27 of the Arms Act and were accordingly convicted.

(2.) All the accused/appellants were sentenced as under, vide order of sentence dated 1.2016 :-

(3.) Facts of the case are that on 22.6.2010, SI Dhanpat Rai, accompanied by his fellow officials, was present in a Government vehicle at Najafgarh road, which is just half kilometer away from Delhi Hospital, Bahadurgarh, in connection with patrol duty. A telephonic information was received that Rakesh alias Kala, resident of Naya Gaon, has been murdered in Delhi Hospital, Bahadurgarh. On this, SI Dhanpat Rai accompanied by his fellow officials reached at Delhi Hospital, Bahadurgarh and inspected the spot where the murder was committed. There, Dharambir son of Braham Dutt (PW3) met him and made a statement (Ex.PW3/A), wherein he stated that his son Rakesh alias Kala, aged 31 years, was elected as a Sarpanch of the village on 12.6.2010 after defeating Taqdir son of Rati Ram, resident of village Naya Gaon. After the declaration of result, Taqdir and his family members, namely, Yogender son of Jage Ram, Manoj son of Dharambir Nambardar, Shamsher son of Attar Singh and Suraj Bhan son of Mauji Ram as well as their supporters Rohtash son of Mange Ram Jat, had openly threatened that they will eliminate Rakesh alias Kala before he take oath of the office. On 21.6.2010, Rakesh alias Kala was hospitalized due to illness and was admitted in Delhi Hospital, Bahadurgarh. On 22.6.2010, at about 11:15 AM, when complainant alongwith his nephew Surender son of Tariff Singh, had come to hospital on a motorcycle with meals for Rakesh alias Kala, they noticed that co-accused Devender son of Mange Ram and Rambir son of Raghbir Jat, were standing outside the hospital on their separate motorcycles with its ignition on. At that time, accused Naresh alias Neshi son of Hawa Singh, Ashok son of Dhire, Mukesh son of Suraj Bhan and Karambir alias Chhota son of Mukhtiare, came out of hospital while armed with firearms. On seeing them (complainant and his nephew Surender), Naresh and his companions started firing indiscriminately with intention to kill them. They proclaimed that they have already committed murder of Rakesh alias Kala by firing at him and now, complainant will also not be spared. Complainant and his nephew Surender, however, saved themselves by taking shelter of the parked vehicles and raised alarm, on which Naresh alias Neshi and his companions fled away on the motorcycles of Devender and Rambir. Thereafter, complainant alongwith his nephew Surender rushed inside the hospital and found that his son Rakesh alias Kala was lying down on the floor with face downwards and blood was oozing out of it. There were several marks of firearm shots on his body and Rakesh alias Kala had already succumbed to firearm injuries.