BIJJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Being aggrieved by judgment and order dated 26/27.11.2010 passed by the Additional Sessions Judge, Palwal in Sessions Case No.48 of 2010 by which the appellant was convicted for offence of murder punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/-, the present appeal was filed by appellant-Bijjan.

(2.) Briefly stated, the case of the prosecution is that on 25.10.1995 having received a ruqa Ex.PB/2 SI Bhagat Singh PW-5 went to the hospital where Bir Pal PW-3 met him who made a statement Ex.PF at about 11/11.30p.m. that at about 8.45 p.m. on that day accused-Bijjan was firing crackers in front of the gate of Ranjit and Cheti PW-4, who opposed, which led to altercation between Bijjan and Cheti on one hand and Ranjit on the other hand. Hearing the noise of altercation, Rang Lal, Joginder, Billu and Mahesh-co-accused came there. Bir Pal PW-3 also came out from his house after hearing the alarm so also his brother Mohan Lal and nephew Harkesh came out from the house of Har Saroop Jogi. Mohan Lal advised Bijjan and Cheti not to fight. On this Rang Lal stated that Mohan Lal was unnecessarily intervening and had also intervened earlier day. In the meanwhile, Joginder, Billu and Mahesh came forward and exhorted to teach a lesson. Rang Lal inflicted lathi blow on the back of Mohan Lal and Joginder gave a lathi blow to Cheti. Accused-Bijjan fired a pistol shot which hit on left side of the chest of Mohan Lal and he fell down. Accused-Bijjan and others ran away with their weapons. Thereafter, Bir Pal PW-3 brought Mohan Lal to General Hospital, Palwal where Mohan Lal was declared dead. The FIR.was registered and thereafter the investigation was undertaken. After completing all the necessary formalities and recording of statements etc. the challan was filed before the trial Court. The trial Court thereafter heard the evidence as well as the arguments and convicted the appellant-Bijjan for the offence of murder.

(3.) Insofar as the other accused- Rang Lal, Billu and Mahesh were concerned they were acquitted by the trial Court. While accused-Joginder was held guilty under Section 325 IPC and was released on probation in the earlier separated trial in Sessions Case No.1 of 1996 decided on 19.07.1999 by Additional Sessions Judge (I), Faridabad because appellant Bijjan was declared proclaimed offender at that time. After the arrest of Bijjan he was convicted in Sessions Case No.48 of 2010 decided on 26.11.2010 against which the present appeal was filed by him.