- (1.) All the nine appellants namely, Ranjit Singh, Dinesh, Braham Singh, Sunil, Pehlad, Manoj, Gaurav, Parveen and Ashok have been convicted and sentenced under Sections 302, 307, 323, 148 & 149 of the Indian Penal Code, 1860 (for short 'the IPC') whereas appellant Ranjit Singh has been further convicted for offence under Section 27 of the Arms Act and Dinesh for offence under Section 25 of the Arms Act.
(2.) All the appellants have been sentenced for two years and to pay fine of Rs.500/- each in respect of offence punishable under Section 148 IPC and in default of payment of fine to undergo simple imprisonment of two months. All of them have been further sentenced for six months and fined Rs.500/- each in respect of offence punishable under Section 323 & 149 IPC and in default of payment of fine to undergo simple imprisonment of one month each. All of them have been sentenced for ten years and fined Rs.2000/- each in respect of offence punishable under Section 307 & 149 IPC and in default of payment of fine to undergo simple imprisonment of four month. All the appellants have been sentenced to imprisonment for life and to pay fine of Rs.5000/- each in respect of offence punishable under Section 302 & 149 IPC and in default of payment of fine to undergo simple imprisonment of six months. Ranjit Singh (appellant No.1) has been further sentenced to one year rigorous imprisonment and fine of Rs.500/- in respect of offence punishable under Section 27 of the Arms Act and in default of payment of fine to undergo simple imprisonment for one month. Dinesh (appellant No.9) has been further sentenced to undergo one year rigorous imprisonment and fine of Rs.500/- in respect of offence punishable under Section 25 of the Arms Act and in default of payment of fine to undergo simple imprisonment for one month. All the sentences are ordered to run concurrently and the period of detention already undergone by them during investigation and trial was ordered to be set off towards the aforesaid sentence of imprisonment.
(3.) FIR No.1057 dated 25.12.2004, under Sections 148, 302, 307, 323 and 506 IPC read with Section 149 IPC and under Sections 25 and 27 of Arms Act, at Police Station, NIT, Faridabad, (Ex.P-20) was registered on the statement of Mehtab (PW1), recorded by Raghubir Singh (PW25) in which it was alleged that Udai Singh and Shiv Narain owned a school known as Arawali International School, Faridabad, which is in the vicinity of another School known as Modern Vidya Niketan School. Some vacant land is there in between the two schools. On 25.12.2004, at about 9.30 a.m., Mehtab (PW1), his father Udai Singh (deceased), Uncle Shiv Narain (deceased) and Dharmender (PW4), were levelling portion of said vacant land. At that time, Dinesh armed with gun, Sunil armed with pharsa, Ranjit armed with revolver and the remaining appellants armed with lathies, came there. Ranjit Singh exhorted his companions to teach a lesson to them for levelling the land and fired from his revolver. The shot hit the left side of the neck of Udai Singh (deceased). Dinesh fired from his gun and the pellet hit left side of Mehtab's chest. At that stage, Dinesh took the revolver from Ranjit and exhorted that Udai Singh must be killed, fired a shot hitting Udai Singh on the right side of his chest. Dinesh then fired yet another shot from the revolver and the pellet went through the wrist bone of Mehtab (PW1). Accused Sunil gave pharsa blow on the head of Shiv Narain and on the left hand of Dharmender (PW4). Remaining accused in the course of incident kept on pelting stones. On hearing of the firearm shot, Karan Singh, Dhan Singh and Raghbir rushed to the spot and on seeing them, the accused left in their cars alongwith their weapons.;