VIRENDER SINGH & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since both these matters, a criminal appeal by convicts Bahadur, Ram Mehar, Virender Singh and Rakesh, bearing CRA-S No.1040-SB of 2003 challenging their conviction for offences under Sections 304 (Part II), 148, 323/149 IPC whereby they have been sentenced to undergo RI for a period of five years and to pay a fine of Rs. 1,000/- each under Section 304 (Part-II) IPC and in default of payment of fine to further undergo RI for six months, and also to undergo RI for six months under Section 323/149 IPC and further RI for three months under Section 148 IPC; and the other a criminal revision bearing CRR No.2147 of 2003 by the dissatisfied complainant Naresh Kumar seeking conviction of the accused for the charges so framed against them and enhancement of their sentences, have both arisen out of a common judgment dated 20.05.2003 passed by the Court of learned Additional Sessions Judge, Fast Track Court, Gurgaon, being intricately intertwined, factually as well as legally, are thus being taken up and disposed off together by this common finding.

(2.) It was on 13.06.2001, a telephonic message was received by SI Shakuntala of Police Station Sadar, Gurgaon intimating admission of one Rohtash in Govt. Hospital, Gurgaon, upon which the police acted and on reaching the hospital met Naresh Kumar son of Rohtash, the present complainant, and recorded his statement. In his statement, the complainant alleged that on 13.06.2001 around 12:30 p.m. accused Ram Mehar along with a few persons had started demolishing the doul (watercourse) and seeing which the complainant Naresh Kumar, his father Rohtash (now deceased), his uncle Ram Kishan and cousin Surender reached at the spot and tried to stop them. It is alleged that at that point of time Ram Mehar was accompanied by accused Virender, Bahadur, Sunil, Rakesh and 7/8 other young boys in a vehicle make TATA Sumo. When Rohtash asked Ram Mehar not to demolish the watercourse, it is alleged by the complainant that Bahadur and Ram Mehar caught hold of his father whereas Virender gave an axe blow on his head and Rakesh gave a blow of lathi on the head of the deceased and at that time Ashok Kumar gave pipe blows on the fingers of right hand as well as wrist of the deceased. In the occurrence, Ram Kishan and Surender have too alleged to have received injuries from the hands of the accused. It is alleged that upon receiving injuries, Rohtash fell down and was rushed to the hospital where he succumbed to his injuries. On the basis of this statement, led to registration of the present case by way of FIR No.371 dated 13.06.2001 under Sections 302, 148, 149, 323 IPC with Police Station Sadar, Gurgaon. It is as a consequence of this, in all 12 accused came about to be booked for this murder comprising of Sunil, Bahadur, Ram Mehar, Tejpal, Deepak, Satish Kumar, Dalbir, Manoj Kumar, Virender Singh, Rakesh and two juveniles namely Amit and Gobind.

(3.) Upon completion of investigations, challan against ten accused was filed in the Court jointly who were put to trial and against whom charges under Sections 302, 148, 149, 323 IPC were framed whereas juveniles' trial was separated. It is worthwhile to mention here that through the impugned judgment, accused Tejpal, Deepak, Satish Kumar, Dalbir and Manoj Kumar were given the benefit of probation whereas sentence of Sunil was that of already undergone. It is the present appellants Bahadur, Ram Mehar, Virender Singh and Rakesh who have been found guilty and convicted under Section 304(Part II) read with Section 34 IPC and sections 148, 323 and 149 IPC and were acquitted for offence under Section 302/149 IPC.