RAJESH @ RAJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by seven accused- appellants challenging the judgment of conviction and order of sentence dated 20.01.2015 passed by the Additional Sessions Judge, Kurukshetra, vide which the appellants have been convicted and sentenced as under:-

(2.) Vide order dated 30.09.2019, Mr. K.D.S. Hooda, Advocate, who is appearing for appellants No.3, 5 and 6 was also appointed as Amicus Curiae to assist the Court on behalf of the unrepresented appellants. At the time of hearing of appeal, all the appellants were duly represented through their respective counsel/Amicus Curiae.

(3.) The case set up by the prosecution was that on 17.10.2011 at about 5.00 P.M. Sheel Kumar (complainant) along with Sushil, son of his maternal uncle, went to Kurukshetra University to meet Virender Singh (deceased). At about 5.00 P.M. they were all having tea in the Campus Market where he and Sushil sat aside in the tea shop while Virender Singh sat with his friends, namely, Kuldeep alias Babli and Pardeep, who were known to him. At about 5.45 P.M. they heard the sound of gunshots and saw 6-7 boys were firing at Virender with weapons like pistols and they also fired at Kuldeep and Pardeep. Virender Singh ran but fell down after a short distance due to blood oozing out of the body. Kuldeep and Pardeep had a narrow escape. They started raising alarm "bachao", "bachao". The assailants, while firing in the air, fled the spot with their respective weapons on motorcycles including two Pulsars and one Splendor motorcycle. According to the complainant there were three boys on each motorcycle. On inquiry, Kuldeep alias Babli disclosed the names of the assailants as Ajay, Vijay, sons of Ram Kishan, Virender alias Kana son of Partap Singh, caste Jat, Ashok alias Shoki, Naresh, Ram Pal and Raja of Bibipur and stated that he could identify the remaining assailants on seeing them. Kuldeep alias Babli also told him (the complainant) that those boys had an old grudge with Virender Singh (deceased). The vehicle of the University Security came to spot and took Virender Singh to LNJP Hospital, Kurukshetra where, during treatment, Virender Singh succumbed to his injuries. On the basis of the said statement/complaint, a formal FIR (Ex.P1) was registered and the appellants/accused were set to face trial under section 148 and 302, 307 read with section 149, 120B and 216 of Indian Penal Code 1860 (IPC) and 25 of Arms Act 1959.