V.GOPALA GOWDA, J. - (1.) LEAVE granted. The application for bail is rejected. This appeal is filed by the appellant anoj
(2.) AGAINST the final judgment and order dated 13.05.2013 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 1357 - SB of 2007 whereby the High Court has confirmed the conviction and sentence passed by the learned Additional Sessions Judge (Fast Track Court), Bhiwani in Sessions Case No. 21 -RBT of 2006 dated 23.04.2007 for the offences punishable under Section 307 of Indian Penal Code, 1860 (I.P.C. in short) and Sections 25 and 27 of the Arms Act and sentenced the appellant -Manoj as under: - JUDGEMENT_870_TLPRE0_2013.jpg JUDGEMENT_870_TLPRE0_20131.jpg The sentences were ordered to run consecutively in terms of Section 31 of Cr.P.C. The case of the prosecution is that on 10.08.2005, when Satender (PW -7), with other accused persons in some other case, was being taken to judicial lock -up by the complainant -Head Constable Ram Kishan (PW -11) after producing him in the court of Additional Sessions Judge, Bhiwani, a voice was heard saying anoj, Anil is going, shoot him Thereafter, a boy shot Satender from the back side and the shot hit Satender on his right thigh. The assailants were chased and the person who had fired the shot was allegedly apprehended at the spot with a pistol. On inquiry, his name was disclosed as Manoj @ Panu. On the basis of the statement of Head Constable Ram Kishan the PW -11, FIR No. 136 of 2005 for offences under Section 307 IPC and under Sections 25 and 27 of the Arms Act was registered. During investigation, it was found that it was a case of mistaken identity as Satender (PW -7) was shot in place of one Anil. The injured Satender was sent for treatment at Government Hospital, Bhiwani. After preliminary treatment, he was referred to PGIMS, Rohtak.
(3.) ON 23.08.2005 the injured Satender gave his statement (Exh. DA) stating that on 10.08.2005 he was brought to the District Court, Bhiwani as under trial in the murder case of one Ramesh Masta. After his attendance in the court he was heading towards judicial lock -up with PW -11. On reaching the gate of the court PW -11 saw Pawan Masta alias Munna S/o Ramesh Masta and Rohtash Sharma (father -in -law of Ramesh Masta) and a boy who was standing in front of them. All the above three pointed towards Satender saying he is the same boy. On this, the fourth boy present with them fired three shots at Satender (PW -7). Thereafter, all the three raised njam dekh fingers and asked if result is seen, lia?";