SITA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Briefly narrated, the prosecution story is that complainant Nawal Kishore, aged about 32 years, resident of Nagariya, Police Station Helana, District Bharatpur (Rajasthan), had come to see his cousin Bhim Singh s/o Giasi Ram Saini (deceased), working in I.B.P. Pawna Hotel at Hodal, on 3.10.2002. At about 8.00 p.m., there was a breakdown of the electricity supply. Therefore, complainant Nawal Kishore alongwith Bhim Singh, Shiv Charan, Girraj- Sweeper, went near the generator room of the petrol pump, for the purpose of starting the generator. They came across Sita Ram s/o Ganga Sahai r/o village Banchari, (accused), working as Gunman at the petrol pump. He was having his licensed double barrel gun with him. Bhim Singh asked Sita Ram to start the generator. Sita Ram got offended and abused Bhim Singh and fired a shot at him from his licensed double barrel gun. Resultantly, Bhim Singh was hit on the left side of his abdomen and fell down. Thereafter, Sita Ram fired twice from his gun. Nawal Kishore and Shiv Charan were having a torch with them. After causing firearm injury to Bhim Singh, Sita Ram went towards petrol pump. On hearing the gun shots, employees of I.B.P., Pawna Hotel and those of petrol pump rushed to the spot. Complainant Nawal Kishore alongwith Shiv Charan, with the help of Prem Singh removed Bhim Singh to Diamond Hospital, Palwal, in a Maruti car. However, keeping in view his serious condition, he was referred to E.M.C. Faridabad and got admitted there.

(2.) On 3.10.2002, on getting information at Police Station Hodal, that a gunman had opened fire at I.B.P. a police party headed by ASI Ram Rattan, went to petrol pump I.B.P., from where the Incharge Police Officer came to know that injured Bhim Singh had been taken to Diamond Hospital, Palwal. Accordingly, the police party went there. From that hospital, it was informed that injured had been referred to E.M.C. Faridabad. The police party went there on 4.10.2002 and obtained opinion of the attending doctor regarding fitness of injured Bhim Singh to make statement. The attending doctor however, declared him unfit to do so. However, Nawal Kishore, a cousin of the injured was found to be present nearby and his statement was recorded, which was signed by him. His signatures were attested by ASI Ram Rattan. ASI Ram Rattan appended his endorsement below such statement and sent ruqa to the Police Station through Constable Vinod Kumar, on the basis of which formal FIR No. 409 dated 4.10.2002, for the offences under Section 302 IPC and Section 27 of the Arms Act, was registered against accused - Sita Ram, at Police Station Hodal.

(3.) The police party had gone to the spot. The Investigating Officer prepared rough site plan of the place of the incident and recorded statements of the witnesses. He lifted bloodstained earth and two empty shells from the spot; prepared separate sealed parcels thereof, which were then taken into police possession. The spot was got photographed.