- (1.) Leave granted.
(2.) This appeal, by grant of special leave, is directed against the judgment and order dated 14/2/2012 passed by the High Court of Punjab and Haryana at Chandigarh dismissing Criminal Appeal No.920-DB of 2009 filed by the appellant.
(3.) Briefly stated the prosecution case is that the complainant Ramjani (PW-4) made a complaint with police station Punhana against the appellant and others. It was alleged in the complaint that during the night intervening 30/10/1995 and 31/10/1995 the appellant along with his sons namely Harun, Rajak, Khurshid and Bhati and other persons arrived at the house of Deen Dar with common object to kidnap Farida daughter of Deen Dar. The appellant and his associates were armed with guns and country made pistols. They tried to take away Farida on which she raised cries. Consequently Abdul Karim son of Deen Dar, Lal Khan(PW-3) and Khurshid sons of Rojdar, Deen Dar son of Chand Khan and Roshni arrived at the house of Deen Dar along with the complainant and tried to rescue Farida. At that time the appellant fired a shot at Lal Khan, Harun fired a shot at Abdul Karim and Khurshid fired a shot at Deen Dar. Injuries were caused to Roshni with lathis. Thereafter Mehboob son of Rojdar came. He was abducted by the appellant and his son Khurshid. Abdul Karim expired at the spot due to firearm injury. Deen Dar also got injured. Thereafter, the assailants fled away from the scene of occurrence. 3. On the basis of the information given by PW-4, FIR No.277 was registered under Sections 148, 149, 302, 307, 364, 323, 120B of IPC and Section 25 of Arms Act against the appellant and investigation commenced. On completion of investigation, charge-sheet was filed against the appellant. The appellant pleaded not guilty to the charges and claimed to be tried. The prosecution, in support of its case, examined as many as 16 witnesses (PW-1 to PW-16). The prosecution exhibited 29 documents (Exhibits P1 to P29) in evidence. No defence evidence was adduced.;