- (1.) Leave granted.
(2.) The present appeal is filed against the judgment and order passed by the Addl. Sessions Judge, Sirsa on May 5, 2004 in Sessions Case No. 140 of 1999/2003 and partly confirmed by the High Court of Punjab & Haryana on August 17, 2006 in Criminal Appeal No.533-DB of 2004.
(3.) The case of the prosecution was that the occurrence took place on June 17, 1999 at about 3.30 a.m. In the said incident, one Chhotu Ram @ Lal Bahadur was killed and PW14- Ravinder Kumar-real brother of deceased Chhotu Ram, as also PW15-Sakeela-wife of deceased Chhotu Ram sustained injuries. According to the prosecution, on that day, a telephonic message was received from Civil Hospital, Sangaria Police Station by ASI Hari Ram relating to the incident. He, therefore, reached Civil Hospital, Sangaria to find out whether injured Ravinder Kumar, Chhotu Ram and Sakeela were in a position to give statements. ASI Hari Ram also sent wireless message to the Police Station, Sadar Dabwali. After some time, he received an information that Chhotu Ram, injured had succumbed to the injuries. Meanwhile, PW18-ASI Umed Singh of Sadar Dabwali Police Station reached the hospital at Sangaria and recorded the statement of injured Ravinder Kumar, resident of Village Chamar Khera, Police Station Sadul Shahar, District Ganga Nagar, Rajasthan wherein he stated that he was the resident of Village Chamar Khera. His sister, Sunita Devi, got married to one Darshan Singh, resident of Dhani Choutala. On the previous day, i.e. on June 16, 1999, at about 8 p.m., the complainant had gone to see his sister Sunita Devi at Dhani Choutala where there was a quarrel between his brother-in- law-Darshan Singh and Bablu, son of Sat Narain (appellant herein). Darshan Singh then went to call Chhotu Ram (deceased)-brother of the complainant, from Village Chamar Khera in a jeep. In the night at about 1.30 a.m., Darshan Singh returned with deceased Chhotu Ram and his wife Sakeela. At about 3.30 a.m. on June 17, 1999, Sat Narain (appellant herein) armed with a gun, his son Bablu armed with a gandasi, his wife Savitri armed with a kasoli and Avtar Singh armed with lathi came in a Maruti car at Dhani of Darshan Singh and stopped the car on the way. They started abusing Darshan Singh, his wife and complainant Ravinder Kumar. Chhotu Ram (deceased) asked Sat Narain to go back, saying that they would talk in the morning. The complainant Ravinder Kumar with his brother Chhotu Ram (deceased) and Sakeela-PW15 then boarded a jeep and all of them started for Village Sangaria. The deceased Chhotu Ram was on the steering wheel of the jeep, complainant Ravinder Kumar was sitting by his side and Sakeela was sitting on the back seat. When their jeep reached near the car of the appellant, all accused raised a lalkara to teach a lesson to the complainant party for siding with Darshan Singh. The appellant Sat Narain fired a shot at Chhotu Ram from his licensed gun with intention to kill him and the pellets hit the right shoulder of the deceased. Sat Narain fired another shot towards the complainant Ravinder Kumar but he saved himself by taking shelter behind the jeep. The appellant fired third shot towards Sakeela and the pellets hit on her right hand. Accused Bablu, Savitri and Avtar Singh also caused injuries with their respective weapons to the complainant party. The pellets also hit on front portion of the jeep of the complainant party. They raised alarm and on hearing the noise, Darshan Singh, Vikram Singh and Sunita came running and raised a lalkara that complainant party need not be frightened and they had come. On seeing those persons coming near the scene of offence, the accused fled away with their respective weapons. The injured were then shifted to Civil Hospital, Sangaria. Chhotu Ram, however, succumbed to the injuries and died. The motive behind the attack was the dispute between Darshan Singh on the one hand and his brother Sat Narain on the other hand and complainant party was supporting the case of Darshan Singh.;