RAJ KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 30/31.05.2018 rendered by the Additional Sessions Judge, Gurugram in Sessions Cases No.88 of 2016 and No.13 of 2017 whereby the appellants, who were charged with and tried for offences punishable under Sections 307 , 201 read with Section 34 of the Indian Penal Code (in short 'the IPC '), have been convicted and sentenced as under:- Name of Offence Imprisonment Fine In default of appellant/s payment of fine Raj Kumar 307/34 Imprisonment for life Rs.10,000/ Simple and Ajay IPC - each Imprisonment for Kumar three months Ajay 201 IPC Rigorous Imprisonment for Rs.10,000/ Simple Kumar 03 years - Imprisonment for three months Ajay 25 of Rigorous Imprisonment for Rs.2,000/- Imprisonment for Kumar Arms Act 01 year one month The sentences were ordered to run concurrently.

(2.) The case of the prosecution in a nutshell is that on 21.09.2016 telephonic information was received at Police Post Hailymandi, P.S. Pataudi that one Surender Sharma had been shot in Ward No.3, Sita Ram Colony, Hailymandi. On this information, ASI Anil Kumar along with other police officials reached the place of occurrence where they learnt that the injured had been taken to Fortis Hospital, Gurugram for treatment. Thereafter ASI Anil Kumar along with the police officials reached Fortis Hospital, Gurugram. After obtaining fitness certificate from the doctor they recorded the statement of Surender Sharma. He stated that he was a resident of Rathiwas, Distt. Mewat and was presently at Ward No.3, Sita Ram Colony, Hailymandi, Gurugram. Today i.e. 21.09.2016 he was coming to his house in his vehicle No. HR-76A-0999 from Sampka. At about 8.30 p.m. when he reached in front of the gate of his house and blew the horn for opening the gate, at that time two young persons who were riding a motorcycle without a number came from behind. The driver of the motorcycle was wearing a helmet and the other person had muffled his face. The person with the muffled face fired two rounds at him after coming near to his vehicle which hit him on his right arm and wrist. After that both the persons fled away on the motorcycle. He stated that he had got FIR No.174 dated 18.06.2005 u/s 302 IPC at P.S. Bilaspur, District Gurugram. Ajay Kumar son of Jaiveer resident of Rathiwas Thethar, District Mewat who was an accused in that case had come out on parole from Bhondsi Jail. Instead of returning to jail he had absconded. He fully suspected that the same Ajay had fired upon him with intention to kill. He suspected that the driver of the motorcycle may be the brother-in-law of Ajay who was resident of Badshahpur, District Gurugram whose name he did not know. On the basis of the above statement FIR Ex.P37 was registered. ASI Anil Kumar visited the place of occurrence from where one empty cartridge, one live cartridge and one iron lead were recovered and taken into possession. The complainant Surender got recorded a supplementary statement on 25.09.2016 to the effect that after reaching home on 25.09.2016 after discharge from the hospital he had seen the CCTV footage installed in front of his house. The persons who attacked him had come riding on motorcycle bearing No.HR 27-E 7626. The motorcycle was driven by Raj Kumar s/o Jaiveer resident of Rathiwas Thethar. The pillion rider was Ajay son of Jaiveer resident of Rathiwas Thethar. Ajay had fired on him with illegal weapon.

(3.) Accused Raj Kumar was arrested on 28.09.2016. He suffered disclosure statement and got recovered the motorcycle bearing No. HR 27-E 7626 from his H.No.402, Sector 9 Bhiwadi, Rajasthan. On 16.10.2016 the complainant handed over one CD (Ex. PW 1/B) containing footage of the incident to ASI Anil Kumar which was taken into police possession. On 27.10.2016 the case property was deposited with FSL, Madhuban. On completion of investigation challan was presented against accused Raj Kumar as accused Ajay Kumar could not be arrested. Charges u/s 307 IPC read with Section 34 IPC were framed against him. During pendency of the trial accused Ajay Kumar was arrested on 02.01.2017. He suffered disclosure statement pursuant whereto a country made pistol was got recovered on 02.01.2017. However its firing pin had been removed. The pistol was sent to FSL Madhuban on 03.02.2017. Supplementary challan was filed against accused Ajay Kumar. Offence u/s 201 IPC was added against him.