- (1.) First Information Report (FIR) No. 99 dated May 24, 2001 was registered at Police Station: City Dadri, Haryana. In this FIR, five persons were implicated and made accused for committing the murder of one Nand Karan (hereinafter referred to as the 'deceased'). Out of them, three appellants are before us who were tried together and convicted for the said offence by the Sessions Court vide judgment dated April 11, 2008, followed by the order of sentence dated April 12, 2008 sentencing them for life imprisonment and also to pay a fine of 10,000 each for commission of the offence punishable under Section 120-B read with Section 302 of the Indian Penal Code, 1860. In default of payment of fine, it was directed that they would undergo simple imprisonment for a period of one year each. One more person was also made accused and tried with these appellants. However, he was acquitted of the charges framed against him. Fifth person, Udeyveer @ Udey @ Sandeep, who was also an accused in the said charge-sheet, was convicted by a separate judgment pronounced on the same date, i.e. on April 11, 2008, and given the identical sentence. All the four convicted persons appealed to the High Court. The High Court dismissed these appeals affirming the conviction and sentence passed by the learned Additional Sessions Judge-II, Bhiwani. Udeyveer has not preferred any further appeal.
(2.) The three appellants before us in these three appeals, however, chose to challenge the judgment of the High Court by filing special leave petitions, in which leave was granted earlier.
(3.) Now, we take note of the case of the prosecution, in brief, which can be safely culled out from the impugned judgment of the High Court as there is no dispute that the said judgment correctly records the prosecution version: The deceased Nand Karan, a retired Master, and his wife Suraj Kaur, were residing in the house known as 'Lal Kothi' situated on the Loharu Road, Dadri. On May 24, 2001, at about 8.00 p.m., the deceased, his wife and his brother Harish Chander Godara were present in the house. While the deceased's wife was watering the plants in the lawn, the deceased inside the room and his brother on the roof, one young boy aged about 22-25 years, came on a scooter. He told Suraj Kaur that he had come from Rohtak and wanted to meet Master Nand Karan. When she was talking with that boy, the deceased came out of the house to the gate. Suraj Kaur told the deceased that a boy had come to meet him. Soon thereafter, the boy took out a pistol from his pant's pocket and fired at the deceased on his chest. Another shot was fired at the head of the deceased. The deceased fell down crying. After hearing the sound of shots fired, Harish Chander Godara, brother of the deceased, immediately came down to the spot. After throwing the pistol at the spot, the boy ran away on the scooter on which he came. After the occurrence, many persons, including Suresh Kumar, s/o. Hoshiar Singh, and Jaipal, s/o. Kamal Singh, reached the spot. After arranging vehicle, they took the deceased to the hospital, where he was declared dead. Dr. H.L. Beniwal (PW-3), who attended the deceased at the hospital, declared him dead and sent a ruqqa (Exhibit PE) to the Station House Officer, Dadri Police Station at 9.10 p.m., regarding the dead body being brought by Suresh Kumar and Jaipal.;