ANIL KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in four appeals, CRA-D-297-DB of 2010, CRA-D-379-DB of 2010, CRA-D-500- DB of 2010 and CRA-D-561-DB of 2010, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against judgment dated 06.03.2010 and order dated 09.03.2010, rendered by learned Sessions Judge, Bhiwani, in Sessions Trial No. 19 dated 04.02.2009, whereby the appellants who were charged with and tried for the offences punishable under Sections 302, 120-B and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC" for brevity sake) and appellant Sandeep alias Patliya was additionally charged with and tried for the offence punishable under and Sec. 25 (1B) (a) of the Arms Act as well, were convicted and sentenced to undergo imprisonment for life and to pay fine of ' 20,000.00 each under Sec. 302 IPC, and in default of payment of fine to further undergo rigorous imprisonment for three years. They were also convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of ' 10,000.00 each under Sec. 120-B IPC, and in default of payment of fine to further undergo rigorous imprisonment for one year. Appellant Sandeep alias Patliya was also sentenced to undergo rigorous imprisonment for two years and to pay fine of ' 5,000.00 under Sec. 506 IPC, and in default of payment of fine to further undergo rigorous imprisonment for six months. Appellant Sandeep alias Patliya was also sentenced to undergo rigorous imprisonment for one year and to pay fine of ' 5,000.00 under Sec. 25 (1B) (a) of the Indian Arms Act, 1959, and in default of payment of fine to further undergo rigorous imprisonment for two months. All the substantive sentences were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that PW.1 Jasbir Singh lodged the report Ex.P1 on 22.09.2008 to the effect that he was running chemist shop under the name and style of Health Pharma Medicos in Chaudhary Nursing Home of his brother-in-law Dr. Dharampal Singh Dhaka. At about 06.45 PM, he came out of medical shop and went to urinate in the toilet of Nursing Home. When he came back in lobby, a gun shot was heard from the room of the doctor. Thereafter, a young boy aged about 20 years, 6 feet tall, whitish colour, wearing red T-shirt, black lower and slippers came out of room of doctor. He was carrying pistol in his hand. Doctor also came out of room with a hand on his chest and was crying for help. He fell in the lobby. Blood was oozing out of his chest. He started looking after doctor. He asked Pritam, an employee at the hospital, to apprehend that boy. Pritam grappled that boy on the road. However, the boy pointed pistol towards Pritam. Pritam was asked to leave, otherwise he would be killed. Thereafter, that boy ran away. They arranged vehicle and took the doctor to Government hospital. He succumbed to the injuries. Subsequently, statement of Jasbir Singh, Ex.D1, was recorded, wherein he stated the manner in which the earlier incident had taken place on 08.04.2007. Accused Anil, Rakesh, Ajit and Naresh were named. The postmortem examination was conducted.