GOPAL AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Gopal and Amar Pal were convicted under Section 302/34 IPC and were sentenced to undergo R.I. for life and to pay a fine of Rs. 2000/- each and in default of payment of fine, to undergo further R.I. for 2 years. Accused Amar Pal was also convicted under Section 27 of Arms Act and was sentenced to undergo R.I. for a period of 3 years and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further R.I. for 1 year. Accused Gopal was also convicted under Section 25 of Arms Act and was sentenced to undergo R.I. for a period of 3 years and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further R.I. for 1 year.

(2.) They have preferred the present appeal aggrieved by the judgement of conviction and sentence passed by the trial Court. It is to be noted that accused Nadan, father of the accused-appellants herein was acquitted of all the charges.

(3.) The brief case of the prosecution is that on 19.11.2006 at about 8.00 a.m., PW3 Jagpal brother of Braham Pal (deceased), his sister Omwati (deceased) and Sonam (deceased), daughter of Braham Pal were constructing a wall in the property partitioned in their favour. At about 9.00 a.m. on the said day, accused Nadan, Amar Pal and Gopal came over there and made an attempt to stop the construction of the wall. At about 12.00 noon, all the accused came over there and abused the complainant party. When the complainant party raised protest, accused Nadan gave his gun to accused Amar Pal to fire shots. Accused Amarpal fired shots with the gun which hit the breast of Omwati. He also fired second shot which hit Sonam on her temporal region. Accused Gopal was having a pistol of .12 bore. He was proclaiming that if anybody intervened, he would not be spared. Accused Amar Pal went on firing and one of the shots hit Braham Pal on his shoulder and as a result of which he also fell down. Accused Nadan was proclaiming that all of them should be finished. Thereafter, all the accused ran away from the scene of occurrence. Braham Pal and Omwati died at the spot. Sonam succumbed to the injuries in Safadarjung Hospital, New Delhi on the third day.