SANDEEP MEHTA, J. - (1.) The appellants herein have been convicted and sentenced as below vide judgment dated 17.12.2015 passed by the learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar in Sessions Case No.02/2012 (33/2010): JUDGEMENT_81_LAWS(RAJ)11_2019_1.jpg JUDGEMENT_81_LAWS(RAJ)11_2019_2.jpg JUDGEMENT_81_LAWS(RAJ)11_2019_3.jpg All the sentences were ordered to run concurrently.
(2.) Being aggrieved of their conviction and sentences, the appellants have preferred the instant appeal under Section 374(2) Cr.P.C.
(3.) Brief facts relevant and essential for deciding the instant appeal are noted herein below: An incident of gun firing took place at Village Sardargarh, District Sri Ganganagar on 02.07.2010 in the morning at about 11 o' clock in the lane near the Nohra of Munsaf Ali and Darey Khan resulting into the death of one Smt. Reshma and infliction of injuries to one Munsaf Ali. The police officials of the Police Station Suratgarh Sadar, including the SHO Rajesh Kumar, reached the place of the incident. A report of the incident was allegedly submitted to the SHO by Shri Darey Khan but the SHO decided not to register an FIR on the basis thereof. Munsaf Ali, who was injured in the incident, was admitted at the Government Hospital, Suratgarh. The SHO, Suratgarh, had sent the Assistant Sub- Inspector, Hukam Chand (PW-14) to the Government Hospital, Suratgarh who recorded the Parcha Bayan of Munsaf Ali (Ex.P/1) at the hospital at 01.30 pm. wherein, he alleged that in the night at about 10.00-10.30 pm., while he was at his home, Barket Ali called him and threatened that if he (Munsaf Ali) intended to load a truck of buffaloes then, he would have to pay extortion money. Munsaf Ali disconnected the phone. In the morning of 02.07.2010 at about 11 O' Clock, while Munsaf Ali was at home; Jumme Khan, Barket Ali, Liyakat Ali, Ayub Khan, Rustam, Ameen Khan, Sadhu Khan and Julf Khan collected in the lane outside and started creating a ruckus. Jumme Khan was having a 12 Bore Pistol which he fired towards Munsaf Ali and the resultant gunshot hit on the right hand of the first informant. At that very point of time, Ayub Khan gave a blow with a gandasi on the right wrist of the first informant. Sadhu Khan, who was armed with a lathi, gave a blow on the left elbow of Shri Munsaf Ali. His sister Reshma tried to intervene on which, Barket Ali, who had a 12 Bore Pistol in his hand, fired towards her. The resultant gunshot hit on the chest of Reshma who fell down and expired on the spot. Liyakat Khan fired a gunshot with a 12 Bore Pistol which missed its mark and went off in the air. The other accused were having lathis in their hands and were hurling exhortations that the complainant party should be killed. The accused were having three motorcycles with them. On hearing the cries of the informant, Riyasat Ali, Falak Sher and Darey Khan (father of Munsaf Ali) came around and challenged the accused on which, they escaped on their motorcycles. Munsaf Ali (injured) was taken in a vehicle and was admitted to the Government Hospital Suratgarh by Hakam Ali, Maru Khan, and Akhtar Ali. On the basis of this Parcha Bayan, an FIR No.192/2010 (Ex.P/83) was registered at the Police Station Suratgarh Sadar for the offences under Sections 302, 307, 336, 147, 148, 149 of the IPC and Section 27 of the Indian Arms Act. ;