ASHU & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of the above titled two criminal appeals bearing number Crl. Appeal No. 668-DB of 2000 and Crl. Appeal No. 187-DB of 2004 as both these appeals have arisen out of the same occurrence. All the accused-appellants were arraigned for trial for the murder of Kamal and inflicting injuries to Mohar Khan. During trial, Sahid absconded. He was declared a proclaimed offender. Ashu and three otherappellants were convicted under Sec. 302 read with Sec. 34 of Indian Penal Code and sentenced to undergo imprisonment for life by judgment of conviction and order of sentence dated Nov. 18th, 2000 and Nov. 22nd, 2000 respectively by Additional Sessions Judge, Gurgaon.

(2.) Sahid was late arrested and tried. For the offence under Sec. 302 IPC, he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000.00 whereas under Sec. 323 he was convicted and sentenced to undergo RI for six months with fine of Rs. 500.00 and for the offence under Sec. 325 IPC, to undergo RI for two years with fine of Rs. 1000.00 with default stipulation by judgment of conviction and order of sentence dated Dec. 19th, 2003 and Dec. 20th, 2003 respectively passed by Sessions Judge, Gurgaon.

(3.) Prosecution was launched on the statement of Kallu (PW-9). It was stated by him that on Oct. 21st, 1997 at about 10 AM Kamal Meo (deceased), Mohar Khan-injured and another person came to his house situated in village Sikarpur. Kamal borrowed his scooter to go to village Sahalka. Kallu waited for Kamal for 2-3 hours but he did not return. Thereafter, he reached village Sahalka to know as to why Kamal had not returned. There, he learnt that Kamal with a few other persons had gone towards a nearby grove of kikkar trees. It was about 4 PM. Kallu also reached the grove and witnessed that all the accused-appellants were causing injuries to Kamal and Mohar Khan with their respective lathies. They were also abusing Kamal for informing the Delhi Police regarding their illegal activities and as a result thereof, one of their associates was killed in a police encounter. After causing injuries to Kamal Khan and Mohar Khan, they dragged them to a vacant place and fled from the scene. Kallu witnessed the occurrence while hiding at some distance. Kamal died on the spot. Kallu brought Mohar Khan in a three-wheeler to the Hospital. On the statement of Kallu, First Information Report (Exhibit PG) was lodged in Police Station Taoru. Om Parkash, Assistant Sub-Inspector (PW- 15) reached the spot. Inquest proceedings (Exhibit (PO) were conducted. Site Plans (Exhibits PR and PS) were prepared. Blood stained earth was taken into possession vide recovery memorandum (Exhibit PQ). The autopsy on the dead body of Kamal was conducted by Dr. A.K. Gupta (PW- 13) on Oct. 22, 1997. Six injuries were found. Out of them, four were fractures. These were:- fractures of both knee joint, right legs and left leg. The fifth injury was contusion on left shoulder. The sixth injury was found to be huge haematoma on the cut section of the scalp. It was opined by the Medical Officer that injury No.6 was individually sufficient to cause death in the ordinary course of nature.