SANJAY ARORA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against judgment dated 31-7-2002 and order of sentence dated 1-8-2002 passed by the learned Sessions Judge, Udhampur, by which the appellant, Sanjay Arora has been convicted under Section 302/334/34 RPC and 4/27 Arms Act. Learned Sessions Judge had sentenced appellant Sanjay Arora for life imprisonment and payment of fine of Rs. 5000/- under Section 302 RPC and further sentenced him to Simple Imprisonment of two years and fine of Rs. 1000/- under Section 324 RPC. In addition, learned Sessions Judge had directed that the appellant No. 1 will undergo simple imprisonment for a period of two years and shall pay fine to the tune of Rs. 1000/- under Section 4/27 Arms Act and appellant Bhushan alias Vijay has been convicted and sentenced under Section 302/324/34 RP and sentenced to life imprisonment and payment of fine of Rs. 5000/- under Section 302 RFC and simple imprisonment of two years and payment of fine of Rs. 1000/- under Section 324 RPC. In default of payment of fine, both the accused shall undergo four months more simple imprisonment. Out of fine if realized, 1/2 shall go to the legal representatives of deceased Sham Singh and 1/4th to Rattan Singh injured and remaining amount to the State. The sentences shall run concurrently.

(2.) The prosecution story in nutshell is that on 5-9-1997, PW-1, Rattan Singh along with Sham Singh deceased had gone to Tikri from Katra in search of kerosene oil because the depot of kerosene oil at Tikri was closed. They returned back in vehicle No. 1015- KKU. In the same bus from Tikri, 8/10 persons were also boarded. The bus was overloaded and they along with accused and other persons sat on the roof of the bus and when the bus reached near Lahnu, the bus Conductor came to demand fare from passengers including the accused persons but the accused refused to pay fare. The deceased Sham Singh paid fare on behalf of the accused, which was resented by the accused. On this there was quarrel with them. Bhushan alias Vijay (appellant No.2) caught hold the deceased from legs and Sanjay Arora (appellant No. 1) stabbed the deceased in his stomach with Kirch and then both accused threw down the deceased from roof top of the bus. The complainant-Rattan Singh and passengers got scared and accused tried to run away from the vehicle. When complainant -Rattan Singh was on the stairs of the vehicles, accused No.2 Bushan alias Vijay caught hold of his legs and accused No. 1 Sanjay Arora gave kirch blow on his thighs 3/4 times. PW-2 Ram Lal who was traveling in same bus, raised alarm as a result of which vehicle came to halt. The accused as well as other passengers came down from bus. Accused-Sanjay Arora threatened the passengers and complainant-Rattan Singh that, if any body came forward, he would stab all of them. The passengers remained in the bus and bus went ahead. When the bus reached Panthal Check Post, Rattan Singh came down and narrated the occurrence to the Police. Police carried Rattan Singh to Tikri Hospital for treatment.

(3.) PW-11 Dhian Singh ASI received telephonic message from Hospital Tikri that one person was lying in an Injured condition. He went to hospital and came to know that said person was Sham Singh who succumbed to the injuries. Rattan Singh complainant was also lying in an injured condition. ASI Dhian Singh moved an application before the Doctor to know whether Rattan Singh injured was fit to make the statement. The Doctor opined that he was fit to make the statement, as such his statement was recorded and on the basis of said statement FIR was registered.