VINAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) All the aforementioned appeals/revision have been taken up together for disposal as the same arise out of common judgment dtd. 7/12/2004 passed by learned Additional Sessions Judge, Sonepat, convicting the appellants for the offence punishable under Sec. 307 read with Sec. 149 of Indian Penal Code (for short-IPC) and sentencing them vide order on quantum of sentence dtd. 14/12/2004, as follows:-

(2.) Brief fact of the prosecution case are that FIR was registered on the statement (Ex.PH) of Ram Tirath @ Rishipal son of Satbir Singh, 2 of 26 wherein he stated that he is an agriculturist. About 5 months before the incident, Umed son of Bhagwana and his 7 other family members had murdered Shamsher son of Kedar Singh, his uncle and all the 8 were in jail for this offence. Satpal son of Kedar Singh, who is posted as Patwari at Kharkhoda, was witness of the crime. On 25/10/2001, Satpal was going for his duty via village Jharothi. Complainant Ram Tirath was accompanying him. At about 8.00 a.m., when he and Satpal reached near the minor (irrigation canal), a Maruti car bearing No. HR-20D-3736 driven by Meenu son of Narain came from behind and stopped near them. Navin son of Rajinder was sitting on front seat with driver while on the rear seat, Jasmer son of Hawa Singh, Ramesh son of Tara Chand and Anil were sitting. All the five gave Lalkara to teach a lesson to Satpal to become a witness and they alighted from the car. Jasmer, Ramesh and Anil were having some pistol type weapons in their hands and they started firing at them. Complainant out of fear ran towards his village and was followed by Navin and Meenu. When the distance between the complainant and Navin and Meenu increased, both stopped following him with warning that he had saved himself on that day but will be killed as and when they got chance. Complainant reached his house, took his car and along with Samunder Singh son of Kedar Singh reached the spot. Satpal was found lying on the ground unconscious and was bleeding profusely. Maruti car was lying parked nearby. Satpal was taken to G.D. Sharma Hospital, Sonepat and got admitted there for treatment. On statement of complainant recorded by Killa Singh ASI, ruqa Ex.PH/1 was sent to the police station, whereupon formal FIR Ex.PH/2 was recorded.

(3.) 3 of 26 On medical examination, Dr. G.D. Sharma PW2 found following injuries on the person of Satpal:-