SHYAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in these two appeals, CRA-D-568-DB of 2011 and CRA-D-592-DB of 2011, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dtd. 7/5/2011 and order dtd. 14/5/2011, rendered by learned Additional Sessions Judge, Rewari, in Sessions Case No. 20 of 2009/2010, whereby the appellants, who were charged with and tried for the offences punishable under Ss. 323, 325, 449, 307, 302 IPC, and Ss. 25, 27 of the Arms Act, were convicted and sentenced to undergo rigorous imprisonment for a period of six months with fine of Rs.8377.00; 250/- each under Sec. 323 read with Sec. 34 IPC, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. They were also convicted and sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs.8377.00; 5,000/- each under Sec. 307 read with Sec. 34 IPC, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. The appellants were also convicted and sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs.8377.00; 5,000/- each under Sec. 449 read with Sec. 34 IPC, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. They were also convicted and sentenced to undergo life imprisonment with fine of Rs.8377.00; 5,000/- each under Sec. 302 read with Sec. 34 IPC, and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years. Appellant Shyam Singh was also convicted and sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs.8377.00; 500/- under Sec. 27 of the Arms Act, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Appellant Suresh Kumar was convicted and sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs.8377.00; 500/- under Sec. 25 of the Arms Act, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. All the substantive sentences were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that on 21/11/2008, a telephonic message was received at Police Station Model Town Rewari that Shyam Singh had fired shots in the area of Uttam Nagar and caused injuries to several persons. Amar Singh, Inspector/SHO along with other police officials visited Uttam Nagar. Message was received that Bhagwan Dass and Parkash had succumbed to the injuries. SHO visited General Hospital, Rewari. He obtained MLRs of Ashok Kumar and Rajesh Devi. Ruqa of deceased Bhagwan Dass and Parkash were also obtained from Police Post, General Hospital, Rewari.