Kuldip Singh, J. - (1.) BY this judgment, we shall dispose of Murder Reference No. 1 of 2012 submitted by District and Sessions Judge, Jhajjar for confirming the death sentence awarded to accused Ajay Veer @ Tiny s/o Ram Kumar, r/o village Jassaur Kheri, District Jhajjar at present Mundka and Jai Ram @ Baba s/o Ram Kishan, r/o village Jassaur Kheri awarded vide judgment and order dated 7.11.2011/28.11.2011 passed by learned Additional Sessions Judge, Jhajjar.
(2.) WE shall also dispose of Criminal Appeal No. 16 -DB of 2012 filed by accused Ajay, Kaptan @ Captain, Jai Ram @ Baba, Parveen, Yashwanti, Ashok Kumar, Ajay Veer @ Tiny, Kala @ Parmod, Manjeet and Vikas against the same judgment and order dated 7.11.2011/28.11.2011 whereby they were convicted and sentenced as under: JUDGEMENT_1297_TLP&H0_2014.htm The case was registered on the statement (Ex. P1) of Gulabo w/o Hari Om, who has stated that her husband were five brothers. In the year 2001, her brother -in -law (Jeth) Ranbir demanded money from Ram Kishan s/o Parse for cultivating the land. Due to that reason, Ranbir was murdered by Vinod s/o Shakti r/o Bawana, Ajay Veer s/o Ram Kumar r/o Jassaur Kheri and Ajeet @ Billu s/o Om Singh, r/o village Mudlana. In the year 2003 due to same enmity, Ram Kumar s/o Paras Ram and Jai Ram @ Baba s/o Ram Kishan, r/o village Jassaur Kheri had committed the murder of her mother -in -law Chameli and the son of her sister -in -law Dharmender r/o Dighal. In the year 2004, a compromise took place in the panchayat but despite the compromise the said accused were having grudge against them. On 19.5.2009 Shamsher son of her sister -in -law Krishna had come to their house. On 20.5.2009 at about 11.30 a.m. he was stated to have gone to village Dighal on his motor cycle. At about 12 noon, her husband Hari Om disclosed that four boys, who were sitting in a car, hit the motor cycle of Shamsher near liquor -vend of village Luhar Heri and took Shamsher to village Jassaur Kheri after forcibly putting him in the car. At this, her family members gave information in village Dighal and started searching for Shamsher in the hospitals of Kharkhoda, Sampla, Bahadurgarh and Rohtak but could not trace out Shamsher. Due to said reason, her sister -in -law Krishna and her nephew Naresh s/o Om Parkash had come to their house. She alongwith her husband Hari Om, her sister -in -law Krishna and her nephew Naresh r/o Dighal reached the bus stand, Jassaur Kheri at about 6 p.m. to inform the police regarding missing of Shamsher. In the meantime, Jai Ram @ Baba s/o Ram Kishan, Ram Kumar s/o Paras Ram, Tiny s/o Ram Kumar, Vinod s/o Shakti r/o Bawana, Satpal and Sudhir sons of Bhura r/o Piply Khera, Bulle s/o Nafe Singh r/o Majri who were already known to her, came on their motor cycles. They were carrying weapons in their hands. They raised an exhortation (lalkara) that they have already finished Shamsher and let his family members also be finished and nobody be spared. Then Vinod and Tiny fired at her husband Hari Om with their respective weapons. Hari Om fell down on the spot, Naresh and Krishna started running. Then Jai Ram and Ram Kumar fired at Naresh. Satpal, Sudhir and Bulle fired at Krishna with their respective weapons. She (Gulabo) saved herself by hiding in a shop and raised alarm. All the assailants fled away towards village Kharkhoda on their motor cycles carrying their weapons with them. Due to fire arm injuries, her sister -in -law, Krishna and her husband Hari Om died at the spot. They arranged for a vehicle to take Naresh for treatment at Bahadurgarh Hospital. Information of the incident was given to the relations. Naresh also expired in the hospital.
(3.) SI Krishan Kumar, Incharge PP Assaunda after recording the statement of Gulabo, recorded police proceedings at 2.15 a.m. on 21.5.2009 and sent the same to Police Station Sadar Bahadurgarh where FIR No. 168 dated 21.5.2009 under Sections 148/149/302, 25/54/59 of Arms Act (Ex. P43) was registered.;