SEWAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The applicants, namely, Sewak @ Sewa Singh and Rakesh have filed the present application under Section 378(3) Cr.P.C. for grant of leave to appeal against the judgment dated 28.04.2017 passed by the learned Additional Sessions Judge, Sirsa.

(2.) The brief facts of the present case are that on 03.07.2013 on receipt of a medical ruqa regarding admission of Sanjay @ Sanju son of Kalu Ram in General Hospital, Sirsa, ASI-Suraj Bhan had gone to record his statement but the injured was declared unfit. Later, when Sanjay @ Sanju son of Kalu Ram was declared fit, his statement was recorded to the effect that he was running a shop of Hair Dresser. On 03.07.2013 at about 7:00 p.m. his friend, namely, Sewak resident of Gudia Khera, with whom he was having money transactions, came and argued with him. A heated exchange took place between them and before leaving Sewak Singh had threatened to kill him. Thereafter, on the same day at about 9:00 p.m., Sewak Singh along with his friend, namely, Rakesh came on a motorcycle and after calling complainant-Sanjay outside the shop, caught hold of him from the neck and also fired from a pistol after taking out same from his pocket, which hit the mirror of his shop. Rakesh took Sanjay in his arms, on which Sewak shot a second fire which hit on his right thigh. Accordingly, on the statement of Sanjay @ Sanju s/o Kalu Ram an FIR under Sections 307, 34 IPC and 25 of the Arms Act was registered.

(3.) Accordingly charges under Section 120-B, 307, 195, 211 IPC were framed against the respondents vide order dated 24.04.2014. Respondent-Sanjay @ Sanju son of Kalu Ram was also chargesheeted for the offence punishable under Section 25 of the Arms Act. All the respondents/accused pleaded not guilty and claimed trial.