Kanwaljit Singh Ahluwalia, J. - (1.) DILIP Kumar son of Bhagwan Singh, Subodh Kumar son of Man Singh, Jogendra Singh son of Sahab Singh and Praveen @ Boby son of Man Singh were tried by the court of Additional Sessions Judge (Fast Track) No. 4, Bharatpur Headquarter, Deeg for having caused murder of Jagdish and causing injuries to the complainant Bharat Singh (P.W. 1). The trial court vide impugned judgment dated 3.7.2008 held all the four accused guilty of offence under Sections 148 and 452 IPC. Accused Subodh was substantively convicted for offence under Section 302 IPC and Section 5/27, Arms Act, whereas Dilip Kumar, Praveen @ Boby and Jogendra were convicted under Section 302 IPC read with the aid of Section 149 IPC. All the four accused were acquitted of the offence under Section 323/149 IPC. Accused Subodh was also acquitted for offence under Section 3/25, Arms Act. Having convicted the appellant for the above offences, the trial court vide a separate order of even date sentenced them as under: - - "Accused, Dilip Kumar, Praveen @ Boby, Jogendra and Subodh: U/s.148 IPC: Two years rigorous imprisonment, to pay a fine of Rs. 500/ - and in default thereof to undergo one month simple imprisonment. Accused, Dilip Kumar, Praveen @ Boby, Jogendra and Subodh: U/s.452 IPC: Three years rigorous imprisonment, to pay a fine of Rs. 1000/ - and in default thereof to undergo two months simple imprisonment. Accused, Subodh: U/s.302 IPC: Sentenced to life imprisonment, to pay a fine of Rs. 5000/ - and in default thereof to undergo three months simple imprisonment. Accused, Jogendra, Dilip Kumar, Praveen @ Boby: U/s.302/149 IPC: Sentenced to life imprisonment, to pay a fine of Rs. 5000/ - and in default thereof to undergo three months simple imprisonment. Accused, Subodh: U/s.5/27 Arms Act: Three years rigorous imprisonment, to pay a fine of Rs. 500/ - and in default thereof to undergo one month simple imprisonment.
(2.) ALL the four accused have instituted this appeal to assail their conviction and sentence. The criminal proceedings were initiated on the basis of statement made by Bharat Singh (P.W. 1) recorded by Narendra Sharma (P.W. 12) who was then posted as SHO, P.S. Deeg. Statement (Ex. P.1) made by Bharat Singh (P.W. 1) when translated into English reads as under: - - "Statement of Shri Bharat Singh S/o. Balbeer Singh, aged 35 years, caste Jat, R/o Mangla Halai Kasoth, P.S. Deeg, District Bharatpur. Shri Bharat Singh stated that "on 26.11.2006 at about 8.00 PM, I, alongwith Jagdish, Kaptan Singh and other ladies of the house were in their respective rooms of the house. Subodh son of Man Singh, Boby @ Praveen son of Man Singh, Dilip son of Bhagwan Singh, Sandeep son of Dilip, Jogendra son of Sahab Singh, Bhagwan Singh son of Shobhichar etc. after having consultations with common intention from their roof came to the roof of our house and started abusing and asked us to come out of the rooms. They had thrown brick bats and started firing with licensed gun and country -made weapons. Out of fear, we had not come out from the room. The above said persons from wooden ladder alighted and came inside our house. They started firing from the courtyard in front of our room. Subodh was armed with licensed gun of his father whereas others were armed with country made weapons. They started firing indiscriminately. Jagdish was inside the room. Subodh fired from the licensed gun of his father in order to kill Jagdish. The shot hit on the right side of the head of Jagdish. He fell then and there in his room, blood started oozing. We raised hue and cry from the room that Jagdish had died, but the said people had not retracted from the spot. Then Jogendra said that one had died, we should now leave. Then residents of the village after hearing our cry came at the spot and accused ran away. Chandrapal son of Raghuveer Singh, Mohan Singh son of Dharm Singh and other people of the village had gathered at the spot. They had seen the entire incident. Jogendra was armed with country -made revolver, Dilip was armed with 12 Bore country -made pistol, Sandeep was armed with .12 bore weapon, Boby was armed with .315 bore country -made pistol. We are having litigation over the land with the accused and due to this grudge, they had given beating and had caused murder of Jagdish. We had brought Jagdish in an injured condition in the pick -up jeep of Babulal Sarpanch to the Hospital at Bharatpur where he died." On the basis of the aforesaid statement (Ex. P.1), a formal FIR (Ex. P.15) bearing FIR No. 585/06 was registered at Police Station Deeg, District Bharatpur under Sections 147, 148, 149, 452 and 302 IPC. A perusal of the FIR (Ex. P.15) reveals that Bharat Singh (P.W. 1) has not uttered any word regarding injuries received by him in the occurrence. As per narration of the facts in the FIR (Ex. P.15), shot fired by Subodh had hit Jagdish and due to this solitary firearm injury, Jagdish had died at the spot. Furthermore, as per FIR (Ex. P.15), occurrence was witnessed by Bharat Singh (P.W. 1) first informant, Kaptan (P.W. 2) another brother of Jagdish deceased and Chandrapal (P.W. 3).
(3.) THE above said FIR (Ex. P.15) was investigated. The investigating agency submitted charge -sheet against the accused. They were committed by the concerned Magistrate to the court of Sessions and trial was entrusted to the court of Additional Sessions Judge (Fast Track) No. 4, Bharatpur Headquarter, Deeg. The accused were charged for offences under Sections 148, 452, 302, 302/149 and 323/149 IPC and under Sections 3/25 and 5/27 of the Arms Act. They denied the charges and claimed trial.;