RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment of conviction and order of sentence dated 06.09.2005 passed by Addl. Sessions Judge, Panipat vide which the accused-appellant was convicted under Section 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/- and in default to further undergo rigorous imprisonment for 2- 1/2 years.

(2.) Prosecution case in brief as set up during the trial is that on 28.06.2004 at about 5.30 pm complainant Ravinder Kumar @ Bittu (PW-1) along with Ravinder Kumar @ Dumpy (PW-2) were sitting at the Nanda Pehalwan Transport, Panipat and were talking amongst themselves. In the meanwhile, accused Har Bhagwan @ Pappu along with co-accused-appellant Ravinder Kumar came to the spot. Accused Har Bhagwan took out a pistol from the right side pocket of his trouser and fired shots upon Ravinder Kumar @ Dumpy, which hit him on his chest, stomach, thigh and hand. The complainant Ravinder Kumar @ Bittu(PW-1) cried for help, which attracted a number of people to the spot. Thereafter, both the accused fled away from the spot by proclaiming that they had executed their work. The injured Ravinder Kumar @ Dumpy was removed to Prem Hospital, Panipat. Complainant Ravinder Kumar @ Bittu(PW-1) got recorded his statement Ex.PA, which led to the registration of the formal FIR Ex.PA/2. The police on receipt of the medical rukka Ex.PH reached the hospital and sought opinion of the doctor about the fitness of the injured to make a statement. However, the inured was declared unfit to make a statement and was declared fit only on 30.06.2004 vide endorsement Ex.PK/1, which led to the recording of his statement Ex.DA. The accused Har Bhagwan was arrested on the day of occurrence itself and the weapon of offence along with its license used in the crime was recovered from him, which was taken into possession vide seizure memo Ex.PD. Accused-appellant Ravinder Kumar was arrested on 29.06.2004.

(3.) On completion of the investigation, the accused-appellant was charged for offence under Section 307 read with Section 34 IPC and 27 of Arms Act, 1959 to which he pleaded not guilty and claimed trial.