SABBIR SON OF NASRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 167 DB of 2000 and Criminal Appeal No. 163 -DB of 2000. Criminal Appeal No. 167 -DB of 2000 has arisen out of an impugned judgment and order dated 10.1.2000/21.1.2000 rendered by the learned Sessions Judge, Gurgaon, whereby the Appellant was convicted and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code. The Appellant was also convicted and sentenced to undergo rigorous imprisonment for a period of one year under Section 25 of the Arms Act vide separate judgment and dated 10.1.2000/21.1.2000. This judgment and order has been challenged in Criminal Appeal No. 163 -DB of 2000. However, the facts are being taken from Criminal Appeal No. 167 DB of 2000.

(2.) BRIEFLY stated, the facts of the case are that Harun, the deceased, was employed with Balkar Singh. On 8.5.1998, the Mining Officer intercepted the vehicle driven by accused/Appellant Sabbir, carrying illegally mined stones. In the meantime, Harun reached there in his vehicle. On the asking of Mining Officer, Harun towed the vehicle left by accused Sabbir and took it to Police Station, Tauru. This act of Harun earned displeasure and enmity of the accused. This incident was stated to be the motive for committing the murder of Harun.

(3.) AFTER the occurrence, the injured was removed to Primary Health Centre. Tauru by Din Mohd, PW10, where he was declared dead by Dr. P.K. Sharma, Medical Officer, PW1. Ruqa was sent to Police Station, Tauru by Dr. P.K. Sharma. The statement of Din Mohd. was recorded by SI Kaptan Singh, PW13, on the basis of which, formal FIR was registered. The special report was received by JMIC 1st Class at 9.30 a.m. on 20.5.1998.