GURMIT @ NITU Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, we are disposing of Crl. Appeal No. 631 -DB of 2007 preferred by Gurmit @ Nitu against his conviction and sentence ordered by learned Additional Sessions Judge, Rohtak vide judgment dated 12.03.2007 and order dated 13.03.2007 and also Crl. Revn. No. 239 of 2008 preferred by Mangal Sain son of complainant Chaudhary Ram (since deceased) against the same judgment and order thereby assailing the acquittal of appellant's co -accused Gurnam Singh @ Chinu and Manjeet Singh @ Sonu and seeking death sentence for all the three accused. Vide impugned judgment dated 12.03.2007, accused Gurnam Singh @ Chinu and Manjeet Singh @ Sonu were acquitted, whereas Gurmit Singh @ Nitu stands convicted under Section 302 read with Section 34 of the Indian Penal Code (in short - the IPC) and under Section 25 of the Indian Arms Act and vide order dated 13.03.2007, convict Gurmit Singh @ Nitu has been sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/ - and in default thereof, to undergo further rigorous imprisonment for one year for offence under Section 302/34 IPC and also sentenced to undergo rigorous imprisonment for two years for offence under Section 25 of the Arms Act. Both the sentences were ordered to run concurrently. State also filed appeal along with application bearing Crl. Misc. No. 418 -MA of 2007 for leave to appeal against acquittal of Gurnam Singh @ Chinu and same was dismissed vide order dated 28.09.2007. Petition for special leave to appeal against the said order is said to be pending in the Hon'ble Apex Court.

(2.) PROSECUTION case in brief is as under:

(3.) BEFORE conducting post -mortem examination, X -ray examination of the dead body was conducted by Dr. Ravinder Singh Gill. Two radio opaque foreign bodies of metallic density of shape and size of bullet in the cranial cavity and one such body outside the cranial cavity in soft tissue were found on X -ray examination of skull and one similar foreign body was found in soft tissue in right side chest on X -ray examination of chest. Also one such foreign body was seen in abdominal cavity at the level of L1/L2 vertebrae and another such body was seen outside the abdomen in soft tissue of abdominal wall at the level of L4/L5 vertebrae, on X -ray examination of abdomen. Dr. S.P.S.Bhatia conducted post -mortem examination and found the following injuries: