SOHANVIR @ SONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of two appeals bearing CRA-1369- DB-2013 filed by Sohanvir @ Sonu and CRA-1447-DB-2013 filed by Rajbir @ Chinni and Rohit, against the judgment of conviction dated 11.10.2013 and order of sentence passed by learned Additional Sessions Judge (Exclusive Court), Jhajjar, vide which the appellants were convicted under Section 302, 120-B and 25 of the Arms Act and sentenced as under:-

(2.) The facts of the case are that on 5.6.2007, a dead body of Jaipal was brought to Rao Tula Ram Memorial Hospital, Jaffarpur, Delhi (in short, 'RTR Hospital'), due to gun shot injury. ASI Braham Parkash of Police Station Jaffarpur Kalan, New Delhi reached the spot and prepared the inquest report (Ex.PW11/B). He also moved an application (Ex.PW11/A) for postmortem of Jaipal son of Balwan Singh resident of village Badli, District Jhajjar. The postmortem was accordingly got conducted. ASI Braham Parkash recorded the statement of Main Pal (Ex.P9) and Raja (Ex.D1) respectively, regarding identification of dead body, which is reproduced as under:-

(3.) Thereafter, a telephonic information was received from Police Station Jaffarpur, Delhi by the police of Police Station Sadar, Bahadurgarh that Jaipal has been brought dead at Rao Tula Ram Memorial Hospital, Jaffarpur due to gun shot injuries. Request was made to send the investigating officer. Accordingly, a police party led by SI Ranjit Singh incharge police post Badli visited RTR Hospital, where Main Pal, complainant made the statement to SI Ranjit Singh on 5.6.2007 itself, wherein he stated that they are three brothers. His elder brother Jaipal was Sarpanch of the village. Today on 5.6.2007, at about 8 a.m. in the morning, his brother Jaipal and Rakesh @ Rakkey son of Mahi Pat, were going in common street from their houses towards Bus Stand. When they reached at chowk near the Chaupal of the Chaudhran Pana, he (Mainpal), his elder brother Raja and his wife Shakuntla, were also going behind them. At that time, from the upper side of the street towards market side, on one motorcycle Jasbir @ Bhulla and Ranbir Singh son of Daya Ram, on second motorcycle Chinni (Rajbir) son of Daya Ram, Sohanvir son of Sunder Pal and Sunder Pal son of Sardare, on third motorcycle Rohit son of Ramesh, Karnail Khatik and Rinku son of Karnail and on fourth motorcycle Dharamveer son of Sewa Ram, Vijay son of Mohinder and Satyawan Pahlwan, all residents of Badli came there. All the assailants stopped their motorcycles and after getting down from the motorcycles, raised exhortation (lalkara) that today Jaipal Sarpanch should not escape. Chinni (Rajbir), Bhulle (Jasbir), Vijay and Karnail Khatik took out their weapons and started indiscriminate firing on Jaipal, on which Jaipal fell down at the spot. Rakesh @ Rakkey son of Mahipal also received bullet injuries. The motive for the crime is the election of the Sarpanch, due to which Jaipal was being threatened. Rakesh @ Rakkey had good relations with Jaipal and used to help his brother. On hue and cry (raula) raised by the witnesses, assailants fled away from the spot. Complainant could not read the registration number of the motorcycles. Thereafter, he along with his co-villagers removed Jaipal to RTR Hospital, where Jaipal was brought dead. Rakesh was taken by his heirs at Bahadurgarh for treatment. SI Ranjit Singh made the endorsement which was completed at 11.50 a.m. in the hospital itself and sent the same to the police, where formal FIR No.141 dated 5.6.2007 was registered at 12.15.