MAYANK CHAUDHARY AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRAD-820-DB-2015 and CRA-D-832-DB-2015, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dated 20.04.2015 and order dated 24.04.2015, rendered by learned Additional Sessions Judge, Gurgaon, in Sessions Case No. 34 of 2013, whereby appellants Mayank Chaudhary, Rahul and Kejar Verma, who were charged with and tried for the offences punishable under Sections 302, 392, 397, 120-B, 34 of the Indian Penal Code and Sec. 25 of the Arms Act, were convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000.00 each for the commission of offence under Sec. 302 of the Indian Penal Code. In default of payment of fine, they were sentenced to further undergo simple imprisonment for a period of six months. They were further convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 3,000.00 each for the commission of offence under Sec. 120-B of the Indian Penal Code. In default of payment of fine, they were sentenced to further undergo simple imprisonment for a period of three months. Appellants Rahul and Mayank were further convicted and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000.00 each for the commission of offence under Sec. 25 of the Arms Act. In default of payment of fine, they were sentenced to further undergo simple imprisonment for a period of two months. All the sentences were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that Tarika Chaudhary (PW.5) lodged report vide Ex.PC on 06.03.2013 at about 9.00 PM to the effect that she was resident of house No. T-4/1305, Park View Residency, Sector 3, Palam Vihar, Gurgaon. She was student of 10 + 2. She was taking examinations. At 9.30 AM, she left her house to take her examination in Saint Michel Senior Secondary School, Shivpuri, Gurgaon. She was accompanied by her brother Saurabh Chaudhary. Her father Anil Chaudhary (since deceased) and her elder brother Mayank Chaudhary were present in the house. Her mother had passed away three years back. Saurabh Chaudhary came back to his house. Accused Mayank Chaudhary, her brother, was pressing hard her father to sell the present house to purchase another house. However, her father did not appreciate the said idea. It led to the continuous bickering. Mayank Chaudhary used to call bad names to the deceased. Her examintion was over at 1.30 PM. Accused Mayank Chaudhary came to the school to pick her. She accompanied him. She came back to her house and found the door of the house unlocked. She went inside the room of the deceased. Her father was lying on the bed. His face was covered with pillow. She lifted the pillow. She found that her father was bleeding from behind his left ear. The bed and bed sheet were soaked in blood. She was scared. She screamed. Mayank Chaudhary asked what happened. She and Mayank Chaudhary tried to put their father on a chair. Mayank Chaudhary examined the cupboard in the room of the deceased. He stated to her that the cupboard was lying open. He made her to believe his story that some burglar had come inside the house. He had killed their father. He had made good his escape with the money. Neighbourers came on the spot. The deceased was removed to Columbia Asia Hospital, Palam Vihar, Gurgaon. The doctor declared him 'brought dead'. She suspected that her brother Mayank Chaudhary had killed her brother. The blood stained bed sheet, pillow,empty cartridge and fired bullet were recovered from the flat. Accused Mayank Chaudhary was arrested on 06.03.2013 at 9.40 PM. A country made pistol along with one live cartridge and magazine were recovered on the basis of disclosure statement made by accused Mayank Chaudhary. The recoveries were effected from the office of Safe Packers and Movers in Mahipalpur, Delhi. On 07.03.2013, accused Rahul and Kejar Verma were arrested. According to the prosecution case, Mayank Chaudhary and Rahul had entered the room of the flat of the deceased. Accused Kejar Verma had provided the country made pistol, live cartridge and magazine after receiving Rs. 50,000.00 from accused Mayank Chaudhary. A sum of Rs. 67,000.00, missing from the room of the deceased, along with one magazine, was recovered from Rahul. The body was sent for post-mortem examination. The investigation was completed and challan was put up after completing all the codal formalities.