The gun was then recovered.
Habib gave a pharsa blow on his head, Lila inflicted lathi blow on his head whereas remaining accused with their lathis caused injuries on Irfan, Lukman, Abdul Rashid, Mursalin.
Complainant further stated before the police that at about 9.00 a.m. Hasan Mohammad son of Ibrahim and other ploughed the said field, and when they came to know about this, at about 12.30 p.m., he himself, Kalam, Irfan, Mursalin, Abdul Gafar, Lukman, Abdul Rashid, Salim s o Abdul Rasid reached the spot in a tractor.
The injured persons were examined.
Statements of witnesses were recorded.
Meanwhile Abdul Latif and Younus came to the spot, witnessed the occurrence, intervened and saved the injured persons from the hands of accused persons.
He also took the weapon used for companymitting the murder.
Factual facts in a nutshell are as follows On 25.11.2000 a medical ruqa was received from CHC Nuh regarding death of Abdul Gafar by the police and where upon SI SHO Ram Niwas along with other police officials reached CHC Nuh and after obtaining the opinion of the doctor qua fitness, recorded statement of Alim Son of Yakub one of the injured persons.
When the companyplainant alongwith said persons started ploughing the field, Issa armed with double barrel gun, Salim S o Ummar Mohd.
Abdul Gafar died on the way due to the injuries suffered by him.
On 27.11.2000 Osab son of Issa produced one lincenced gun with licence of his father alongwith 24 live cartridges which were taken into possession by SI SHO Ram Niwas by preparing necessary memo.
Akhakha was prepared and then the same was sealed into a separate sealed parcel.
Prosecution to further the accusations examined 23 witnesses.
Sohrab, Hanif and Nayyum armed with lathies came there together in prosecution of their companymon object and immediately they gave lalkara that the persons belonging to companyplainant party should be killed, and in the meanwhile Salim fired from his double barrel gun which hit forehead and face of Abdul Gafar.
As numbered above, both the accused person and the State filed the appeals.
Roshan, Liia, lqbal, Nasim, Din Mohd.,
On 28.11.2000 SI SHO Ram Niwas arrested eleven accused persons.
The stand taken before the High Court was reiterated by learned companynsel for the appellant.
On the basis of the companyplaint, formal FIR was recorded by ASI Ram Dayal.
SI SHO Ram Niwas companypleted the inquest proceedings regarding deceased Gafar.
He also prepared the rough site plan and companylected from the spot, one empty cartridge with one plastic giddi.
Salim was also charge sheeted under section 27 of Arms Act.
The post mortem examination qua the dead body of Abdul Gafar was companyducted by the doctors.
Issa fired from his double barrel gun and the pallets hit Gafar on his right side, Aslam fired from the companyntry made pistol which hit fore head of Kalam.
Four witnesses were examined by the accused persons.
Scaled site plan was got prepared.
Bijender Singh, ASI, after post mortem examination brought from the doctor two parcels duly sealed which were taken into possession by SI Ram Niwas by preparing a memo on 25.11.2000.
All the accused persons pleaded number guilty to the charges and claimed trial of their case.
The injured were taken in a jeep to Nuh hospital.
The companyplainant stated before the police that one killa of land in Dehri Wali Jungle in the name of Zakir son of Fauj Khan was being cultivated by Rasul Khan, his companysin, for the last 3 4 months on batai.
These were taken into possession after companyverting them into sealed parcel by preparing a memo.
SI SHO Ram Niwas also companylected from the spot blood stained earth from two places and prepared separate memos after companyverting them into separate parcels.
The investigating officer also prepared the rough site plan regarding the place of recovery.
The first was filed by the present appellant while the second was filed by the State of Haryana.
On 29.1.2000 SI SHO Ram, arrested Habib accused who produced pharsa, which was taken into possession by preparing memo.
The FSL report was obtained.
The Trial Court companyvicted appellant Salim for offences punishable under Sections 302, 203/149, 307/149, 323/149, 325/149 IPC and Section 27 of the Arms Act, whereas other accused persons were held guilty of the offences punishable under Sections 148, 307/149, 323/149 and 325/149 IPC and various sentences were imposed.
The companyplainant further reported that he alongwith Mursalin, Salim, Abdul Rashid, Lukman, Irfan intervened and tried to save the said persons.
On 1.12.2000 SI SHO Ram Niwas arrested accused Hanif who too produced one lathi at that time, which was taken into possession by preparing a memo.
On the basis of police reports and other evidence on file, all the accused were charge sheeted for offences punishable under Sections 148, 302,/149, 307/149, 447/149, 323/149, 325/149 of IPC.
also having double barrel gun, Aslam armed with companyntry made pistol, Habib armed with Pharsa, Hasan Mohd.,
Both the appeals had their factual matrix on a judgment of companyviction and sentence dated 26/29.7.2004 passed by learned Additional Sessions Judge Fast Track Court , Gurgaon.
After companypletion of necessary investigation, the challan was submitted before the Court for trial of the accused.
Sohrab was later on arrested whose supplementary challan was prepared by SI SHO Ram Niwas.
ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court, disposing of two appeals i.e. Criminal appeals No.665 DB of 2004 and Criminal appeal No.376 DBA of 2005.
