SURAJ BHAN AND SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment dated 1.10.1996/9.10.1996 of Sessions Judge, Bhiwani whereby he convicted Suraj Bhan under Sections 302, 307/34 and 450 Indian Penal Code and under Sec. 27 of the Arms Act. Appellant Sunil was found guilty under Sections 302/34, 307 and 450 Indian Penal Code. Appellants Suraj Bhan and Sunil were sentenced to undergo various terms under Sections 302/307/450/34 Indian Penal Code.

(2.) The case of the prosecution is unfolded by the statement Ex.PD of Satbir Singh given to Amrik Singh SI/SHO Police Station Sadar Dadri on 2.2.1993 at 8.40 P.M at the turning point of village Chiriya. Satbir Singh stated that he is employed in the Post Office of village Chiriya. He has six brothers. Eldest is Suraj Bhan, younger to him is Kartar. Younger to Kartar is Satbir Singh himself, younger to him is Ran Singh and younger to Ran Singh is Ram Phal. His brother Suraj Bhan lived separately. He had come on five days leave from the army. All the other brothers lived jointly. About 15 days prior to the occurrence, Azad wife of Suraj Bhan and Satbir Singh's wife Jantar had quarreled on the water tap for taking the turn of water. On 2.2.1993 at about 5 P.M. Suraj Bhan his brother, Sunil son of Suraj Bhan and Azad wife of Suraj Bhan came inside their house Satbir Singh, Ram Phal, Saroj wife of Ram Phal and Zile Singh his brother were sitting together. Suraj Bhan was armed with a double barrel gun of .12 bore. Sunil had a bandolier. Azads asked them to teach them a lesson for not allowing her to take water. Suraj Bhan then aimed his gun towards the complainant. Ram Phal ran away towards the roof. Suraj Bhan fired two shots at him. Satbir Singh along with Zile Singh and Saroj went on to the roof and saw that Ram Phal was lying on the roof due to gun shot injuries. They tried to lift him. Sunil thereafter took the gun from Suraj Bhan and fired two shots towards them with the intention to kill them. Satbir Singh along with others took shelter behind a parapet. Thereafter Suraj Bhan took the gun from Sunil and said loudly, that if any one came outside, he will be killed. Complainant hid themselves out of fear. Suraj Bhan, his wife Azad and Sunil went away after sometime. Ram Phal had fire arm injuries on his mouth, lips, left and right side of neck. Ram Phal became unconscious due to these injuries. After arranging a vehicle, he was taken to Civil Hospital, Dadri for treatment, but he died on the way due to multiple injuries. Satbir Singh, Suraj Shan and Zile Singh witnessed the occurrence. On the basis of this statement, FIR Ex.PD/2 was recorded on 2.2.1993 at 9.05 P.M. Special report reached the J.M.I.C. Charkhi Dadri on the same day at 10.40 P.M.

(3.) Prosecution to prove its case brought into the witness-box Rajpal Draftsman as PW1, Dr. S.N.Sharma as PW2, Dr.S.C. Gupta as PW3, Satbir Singh complainant as PW4, Zile Singh as PW5, SI Amrik Singh Investigating Officer as PW6, Ran Singh as PW7, HC Mahavir Singh as PW8 and H.C.Ram Kumar as PW9.