RAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, we propose to dispose of four appeals i.e. CRA-D-685-DB-2013 filed by appellant Ravinder, - CRA-D-790-DB-2013 filed by appellant Devinder Singh, CRA-D- 868-DB-2013 filed by appellant Manoj and CRA-D-988-DB-2013 filed by appellant Dinesh, all accused, who were tried and convicted by the Court of learned Additional Sessions Judge, Rohtak for the offences under Ss. 323/302 read with Sec. 34 IPC vide impugned judgment dtd. 24/5/2013 and vide order of that very date, they were sentenced as follows: and Offence under Sec. Sentence Awarded Sec. 302 read with Sec. Rigorous imprisonment for life 34 IPC and to pay a fine of Rs.10,000.00 each and in default thereof, to further undergo simple imprisonment for a period of six months. Sec. 323 read with Sec. Rigorous imprisonment for a 34 IPC period of three months and to pay a fine of Rs.1,000.00 each and in default thereof, to further undergo simple imprisonment for a period of one month.

(2.) The accused-convicts, who are appellants before this Court, pray that their appeals be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) In nutshell, the facts of the case as per the prosecution story are that on 4/8/2005, an intimation was received at Police Station City, Rohtak sent by MHC, Police Post, PGIMS, Rohtak to the effect that Sajjan son of Sukhbir, Shakti son of Rishi Pal and Satish son of Ram Chander were admitted in PGIMS, Rohtak in injured condition. Accordingly, a police party from the said police station headed by SI Samunder Singh (hereinafter referred to as the Investigating Officer/I.O.) went to the said medical institute and after collecting MLRs of the injured and medical ruqa from the police post located in premises of that medical institute, went to the casuality ward and sought opinion of the attending doctor regarding and fitness of the injured to make statement. The doctor concerned declared injured Sajjan unfit to make statement, whereas opining that other two injured Satish and Shakti were fit to make statement. Thereafter, the Investigating Officer recorded statement of injured Satish wherein he stated that on the said day, his niece Pooja was to appear in 10+2 class examination at Vaish Higher Secondary School, Rohtak, as such, his nephew Amarjeet had accompanied Pooja for going to that examination centre. According to the complainant Satish, he along with Shakti and Sajjan had also come to Rohtak for some personal work; that at about 2:15 p.m., they went to Vaish Higher Secondary School, Rohtak to take Pooja with them where they observed that four boys were quarrelling with his nephew Amarjeet in the college ground near the school; that out of those boys, one was in police uniform.