BALWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these appeals, i.e. CRA-D-440-DB of 2013 and CRA-D-526-DB of 2013, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dated 22. 04.2013 and order dated 29.04.2013, rendered by learned Additional Sessions Judge, Jhajjar, in Sessions Case No. RBT 56 of 2008/2013 dated 14.08.2008/01.02.2013. Appellants Balwan, Anil alias Chhota Dhaba,Vikrant alias Kala, Narender alias Jhabhu, Manipal alias Dheela, Parveen alias Jadugar, Rajesh alias Chhote and Manjit alias Mahal, along with co- accused Amit alias Babbal were charged with and tried for the offences punishable under Sections 148, 302, 307, 449, 452, 149 IPC and Section 25 of the Arms Act. They were convicted and sentenced as U/s 148 IPC Three years rigorous imprisonment each. U/s 120-B read with Section 302 IPC Imprisonment for life and fine of Rs. 20,000/- each. In default of fine, six months rigorous imprisonment. U/s 149 read with Section 302 IPC Imprisonment for life and fine of Rs. 20,000/- each. In default of fine, six months rigorous imprisonment. U/s 302 read with Section 120-B IPC and also read with Section 149 IPC Imprisonment for life and fine of Rs. 20,000/- each. In default of fine, six months rigorous imprisonment. U/s 307 read with Section 120-B IPC and also read with Section 149 IPC Ten years rigorous imprisonment and fine of Rs. 10,000/- each. In default of fine, six months rigorous imprisonment. All the substantive sentences were ordered to run concurrently. Co-accused Amit alias Babbal was acquitted of all the charges.

(3.) The case of the prosecution, in a nutshell, is that on 26.09.2007, ASI Naresh Kumar received information to the effect that the firing was going on in village Badli near the 'chopal'. ASI Naresh Kumar left for the spot. He did not find any eye witness. Then he went to Shivam Hospital, Bahadurgarh. He moved an application before the Medical Officer of the said hospital for seeking opinion regarding the fitness of injured Jasbir alias Bulle. On getting the fitness report, ASI Naresh Kumar recorded the statement of Jasbir alias Bulle vide Ex.P30. According to him, Jaipal alias Dhanda, Sarpanch of village Badli, was murdered by firing near 'chopal of chowdran pana' in June, 2007. Manipal, brother of deceased Jaipal, had lodged the FIR against the complainant, his brothers Ranbir and Chini and Satya Pehalwan and others, totaling 14 persons. Sohanvir, Rohit, Chini and Vijay were found as the real culprits. Remaining accused persons were found innocent. After the murder of Jaipal, people of the group of Jaipal had a grudge against them. Yashpal son of Ishwar met with an accident. At about 9.00 AM, the complainant went to the house of Yashpal to enquire about his health. Jaimeet son of Satpal and Satpal son of Om Parkash were already present. All of them went to 'chobara'. In the meantime, Mainpal alias Dhilla, Ajit alias Kala, Parveen alias Jadugar, Balwan, Anil alias Dhaba, Bada Dhaba, Naveen and 3-4 other persons suddenly came there. They were carrying weapons in their hands. They indiscriminately started firing gun shots on them. Complainant hid himself behind the bed lying in the 'chobara'. However, they continued firing on them. He suffered bullet injuries on his right leg and little finger of right hand. His associates also suffered bullet injuries. The assailants were proclaiming that Bulla should not escape. Thereafter, all of them fled away. He came out of the house. He came to know that they had committed the murder of Satya Pehalwan by firing gun shots in the 'nohra' (cattle house). He further came to know that the assailants came in two vehicles. All the injured were taken to Shivam Hospital at Bahadurgarh. FIR was registered. Spot was inspected by the police. Empty cartridges of different bore, bullets and mobile phone make Nokia were taken into possession. The Investigating Officer also lifted blood stains, 8 empty cartridges of 12 bore, 22 empty cartridges of 32 bore, 13 empty cartridges of 9 mm, 3 live cartridges of 32 bore and the bullets. The inquest report was prepared. The post mortem was got conducted. The investigation was completed and challan was put up after completing all the codal formalities.