- (1.) HARVEER Singh S/o. Sher Singh (P.W.1) on 15.8.2005 at about 9.00 AM near Water Works Department, Deeg, opposite tea vend of Bhura received a gun shot injury on his chest from the shot fired by Mahendra and Girraj. Sher Singh (P.W.1) in his written report (Ex.P.1) on the basis of which a formal FIR (Ex.P.2) bearing No.437/05 was registered, had named five persons Girraj S/o. Gopal, Amar Singh S/o. Kartar, Vinod S/o. Yadram, Mahendra Singh S/o. Gulab and Lalit S/o. Girraj as accused who had participated in the occurrence which resulted into death of Harveer Singh due to gunshot injuries caused from firearm. Investigating agency after thorough investigation had sent above said five persons for trial. Mahendra was found as delinquent juvenile in conflict with law and was sent for trial before the concerned Juvenile Justice Board. Lalit was declared as proclaimed offender. Thus, trial was faced by three accused namely Girraj, Amar Singh and Vinod. The court of Additional Sessions Judge (Fast Track) No.4, Bharatpur Headquarter Deeg vide impugned judgment dated 23.11.2007 convicted Girraj, Amar Singh and Vinod for offence under Section 148 IPC. The appellant Girraj was substantively convicted for offence under Section 302 IPC and Amar Singh and Vinod for offence under Section 302/149 IPC. Girraj was also convicted for offence under Section 3/25 Arms Act and Vinod and Amar Singh for offence under Section 4/25 Arms Act. Having convicted the appellants for the above said offences, the trial court vide a separate order of even date sentenced the appellants as under: - Accused -appellant, Girraj U/s. 148 IPC: Two years rigorous imprisonment, to pay a fine of Rs.1000/ - and in default thereof to undergo one month simple imprisonment. U/s. 302 IPC: Life imprisonment, to pay a fine of Rs.5000/ - and in default thereof to undergo three month simple imprisonment. U/s. 3/25, Arms Act: One year simple imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo fifteen days simple imprisonment. Accused -appellants, Amar Singh and Vinod U/s. 148 IPC: Two years rigorous imprisonment, to pay a fine of Rs.1000/ - and in default thereof to undergo one month simple imprisonment. U/s. 302/149 IPC: Life imprisonment, to pay a fine of Rs.5000/ - and in default thereof to undergo three month simple imprisonment. U/s. 4/25, Arms Act: One year simple imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo fifteen days simple imprisonment.
(2.) AGGRIEVED against the conviction and sentence, three separate appeals have been filed by the accused before this court. Vinod has preferred D.B. Criminal Appeal No.1854/07, Girraj has instituted D.B. Criminal Appeal No.73/08 and Amar Singh has filed D.B. Criminal Appeal No.74/08. In all the three appeals filed separately common judgment of conviction and order of sentence has been assailed. Hence, all the three appeals are being decided together.
(3.) SHER Singh (P.W.1) submitted a written report (Ex.P.1) before Satish Kumar (P.W.20) who was then posted as SHO, P.S. Deeg. The written report (Ex.P.1) when translated into English, reads as under: - To, The SHO Sahib, Police Station Deeg, District Bharatpur. Sir, It is submitted that my son Harveer Singh, aged 20 years, caste Jat, r/o. Au Darwaja, Deeg today on 15.8.2005 had gone to Senior Secondary School to watch Republic Day proceedings. When he returned, near Bus Stand at about 9.00 AM, Mahendra S/o. Gulab, Lalit S/o. Girraj, Girraj S/o. Gopal, Amar Singh S/o. Kartar, caste Khatik, r/o. Khatik Mohallah, Deeg and Vinod encircled Harveer Singh. Mahendra was armed with .315 bore pistol, Girraj was armed with a gun. Mahendra S/o. Gulab fired two gun shots at Harveer. One shot hit him on chest near the nipple and made an exit through abdomen. Second shot hit Harveer on left collar and made an exit. Giraj had fired a shot from gun upon Mahesh and Bhura who were standing nearby. But the said shot passed off from their head. They had not suffered any injury. Remaining accused having encircled Harveer kept standing there. Harveer fell down at the spot. Complainant Sher Singh, Vijendra S/o. Yaduveer, Virendra S/o. Dayaram had seen the occurrence. Complainant had taken Harveer with the help of police to Hospital, Deeg. From there, he was taken to Hospital at Bharatpur. From Bharatpur he was referred to Agra. Harveer died on the way to the hospital. His dead body was taken to R.B.M. Hospital, Bharatpur where post -mortem was conducted. Hence, this report. Action be taken. Sd/ - Dt.15.8.05 The written report (Ex.P.1) was submitted on 15.8.2005 at 6.00 PM before Satish Kumar (P.W.20). A perusal of the written report (Ex.P.1) reveals that Mahendra fired two shots which had hit Harveer. So far as Girraj is concerned, he had fired a shot at Mahesh and Bhura, but the said shot had not caused any injury.;