RAKESH KUMAR ALIAS BOXER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment and order dated 07.01.2016, rendered by learned Additional Sessions Judge, Ludhiana, in Sessions Case No. 43 dated 22.03.2013. Appellant Rakesh Kumar alias Boxer along with co-accused Deep alias Deepak Kumar alias Deepu and Sunny alias Laddu was charged with and tried for the offences punishable under Sections 302/506/341/148/149 IPC. The appellant was convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- under Section 302 IPC. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for six months. He was acquitted of other charges framed against him. Co-accused Deep alias Deepak Kumar alias Deepu and Sunny alias Laddu were acquitted of the charges framed against them, by giving benefit of doubt.

(2.) The case of the prosecution, in a nutshell, is that on 13.08.2012 at about 7.20 PM, Inspector/SHO Jatinderjit Singh received a telephone call from Police Post, Dayanand Medical College and Hospital (for short "DMC"), Ludhiana, to the effect that Pinku son of Mange Ram resident of Street No.5, New Shimlapuri, Ludhiana had died due to gun shot injury. Inspector Jatinderjit Singh along with other police officials reached DMC, Ludhiana. He reached at the mortuary of the hospital. The dead body of Pinku was lying in the mortuary. Mange Ram and Vikas Kumar, brother of the deceased met the police party. Mange Ram, father of the deceased, got recorded his statement. According to the averments made in the complaint, in the evening of 13.08.2012, complainant Mange Ram along with his son Pinku had gone on motor cycle to the house of Angrej Singh, resident of Street No.3, Mohalla Dhillon Colony, Lohara. They came to know that a close relative of Angrej Singh was admitted in Life Line Hospital at Gill Road. They took Angrej Singh with them and went to the hospital on motor cycle to enquire about the health of his relative. When they reached a little behind Dushera Ground, near flour mill of Rachhpal Singh at Street No.9/1, Mohalla Guru Gobind Singh, then from the roof of the house of Rachhpal Singh, they heard a lalkara. They noticed that the lalkara was raised by accused Rakesh Kumar alias Boxer. He was armed with a pistol. He along with co-accused Deep alias Deepak Kumar alias Deepu armed with a pistol, Jagga son of Kala, Rinki, co-accused Sunny alias Laddu and Gagandeep Singh alias Jinda was standing on the roof. All the accused came down. They encircled the complainant party. Accused Rakesh Kumar alias Boxer raised a lalkara that Pinku should not be spared. He should be taught a lesson for keeping enmity with them. He fired at Pinku. The bullet hit at his chin and throat. All of them fell from the motor cycle. Co-accused Deepu fired in air from his pistol. All the accused raised lalkara. They ran away from the spot. The condition of Pinku was serious. He was taken to Guru Teg Bahadur Hospital, from where the doctor referred him to DMC. The doctor in DMC declared him dead. The body was sent for post mortem examination. FIR was registered. Accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. The appellant was convicted and sentenced, as noticed here-in-above. Hence, this appeal.