SAMIR NAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA-D-1008-DB of 2013, CRA-D-1424-DB of 2013 and CRA-D-20-DB of 2014, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against judgment dated 07.08.2013 and order dated 19.08.2013, rendered by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, in Sessions Case No. 17 of 2009. Appellants Samir Nain, Amit Kumar Yadav and Amit alias Chhuri were charged with and tried for the offences punishable under Sections 302/307/452 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act. They were convicted and sentenced as under :

(3.) The case of the prosecution, in a nutshell, is that on 27.02.2009, when Raj Pal, Sub Inspector, was present in Police Post HUDA, Jagadhri, he received a VT message from Control Room. He reached House No. 993, Sector 17, HUDA, Jagadhri, where dead body of Charanjit Singh was lying. Satinder Kaur widow of Charanjit Singh got her statement recorded. According to the averments made in the statement, her husband was having his own stone crusher. She had three daughters. Her daughter Shynee Singh had obtained degree of MBA from Swami Devi Dayal College, Barwala in the year 2007. She told her that from that time, Amit Yadav used to put pressure upon her to marry him. He used to threaten her daughter with dire consequences. Amit Yadav also threatened them on telephone. On 23.03.2008 at about 11.00 PM, Amit Yadav and his father entered her house with intention to kill them. They also fired gun shots. A case under Section 307 of the Indian Penal Code was got registered against them. They did not mend their ways and threatened them to withdraw the case. On 12.10.2008, Amit Yadav also tried to enter their house forcibly. Many persons gathered there. Amit Yadav fled away from the spot. On 31.12.2008, they went to the house of Narender Garg, i.e. House No. 1017, HUDA, Jagadhri, on the eve of New Year. When they were ready to go back to their house, Amit Yadav along with his other companion carrying pistol and iron rod in their hands came there. They fired gun shots upon the complainant party. They saved themselves. Another case under Section 307 of the Indian Penal Code was got registered by her husband against the assailants. The Superintendent of Police appointed guards for their security. On 25.02.2009, Amit Yadav made a telephone call to her husband to withdraw the case, failing which to face the consequences. During night time, her brother Virender Pal Singh, her sister-in-law and her nephew were at her house. At about 9.40 PM, her family and the family of her brother were taking dinner. The guards were not present. Amit Yadav and his two other companions came and pressed the door bell. Her husband opened the door. Amit Yadav fired 3-4 gun shots on her husband. Her husband fell down. When her brother and nephew tried to catch them, they fired gun shots upon them. However, they saved themselves. When they raised alarm, the accused persons fled away from the spot after leaving their motor cycle. She took her husband to Gaba Hospital, Yamuna Nagar with the help of her brother and nephew. He was declared dead. FIR was registered. Post-mortem was conducted. The investigation was completed and challan was put up after completing all the codal formalities.