- (1.)This appeal by way of special leave, at the instance of the sole accused, is directed against the judgment of the Division Bench of the High Court of Punjab and Haryana at Chandigarh dated 26.4.2013 in Criminal Appeal No.D-953-DB of 2006 in and by which the conviction and sentence imposed on the appellant by the Trial Court dated 27.10.2006/30.10.2006 in Sessions Case No.33 of 6.6.2003/11.5.2006 came to be confirmed. The appellant was convicted for offence punishable under Section 302 for causing murder of Shri Ram and Suraj Mal. He was also found guilty and convicted for the offence punishable under Section 27 of the Arms Act for misusing his licensed gun. He was sentenced to undergo imprisonment for life, apart from payment of fine of Rs.20,000/- with the default clause to undergo further rigorous imprisonment for two years. For the offence under Section 27 of the Arms Act imprisonment of two years' rigorous imprisonment was imposed. The sentences were directed to run concurrently. The co- accused/Jai Bhagwan was acquitted of the charges framed against him. However, other co-accused Neeraj, was also implicated in the crime along with the appellant and being a juvenile was dealt with by the Juvenile Justice Board independently.
(2.)The case of the prosecution was, on 19.3.2003 at about 6-7 P.M. Sandeep (PW.10) and the juvenile accused-Neeraj were quarreling after celebrating Holi in the street in front of the house of Suraj Mal, the deceased, is the father of the complainant-Mukesh. Mukesh was examined as PW.9, who attempted to separate Neeraj and Sandeep but Neeraj kept on abusing consistently. In the meantime, on hearing the noise in the street Krishan, another deceased and the father of juvenile Neeraj and Jai Bhagwan son of Krishan also reached there and also started quarreling with Mukesh (PW.9) alleging that he threatened Neeraj, son of Krishan. The complainant's father Suraj Mal and his uncle Shri Ram also stated to have joined the place of occurrence.
(3.)The deceased Krishan called his brother Rajinder Singh, the appellant herein and asked him to bring his gun as otherwise it would have no use. The appellant brought his double barrel gun and fired a shot from the corner of the street, which hit Suraj Mal in the chest and the second fire shot hit on the left eye of his uncle Shri Ram. The juvenile Neeraj alleged to have beat the complainant-Mukesh (PW.9) with a brick on his head. By receiving the assault the complainant stated to have fell down on the ground while Ravinder son of Shri Ram and Guru Dutt son of Narain Dutt arrived at the spot and by the time the whole occurrence have come to an end. It was further alleged by the Complainant (PW.9) that the appellant went to his house but kept on firing along with his brother and other family members. One Bhupender stated to have lifted Suraj Mal and Shri Ram. The deceased got treatment at PGIMS, Rohtak while the complainant (PW.9) went to the Civil Hospital where the doctor referred him to go to PGIMS, Rohtak. After reaching PGIMS, Rohtak, Complainant (PW.9) learnt that his father and uncle, namely, Suraj Mal and Shri Ram died of firearm injuries. It was based on the above narration of events, the FIR came to be registered on 19.3.2002.