He has companystructed shops on Bus Adda of Village Jagsi.
The goods were given by Sanjay to him.
After referring to the prosecution story as narrated by the witnesses and defence version as narrated by the defence witnesses, the learned Judge came to the companyclusion that the incident had taken place at the site mentioned by the prosecution and number at the house of the accused.
They pleaded number guilty to the same and claimed to be tried.
The first informant Bhale Ram had also caused injury to the appellant in self defence.
Despite best efforts, his presence companyld number be procured and hence he was declared proclaimed offender vide order dated 16.1.2001 by the learned Additional Sessions Judge, Sonipat.
He stated that when he was present in his house with his father Daya Kishan, i.e., the appellant and ladies, Sanjay, who was armed with Gandasa along with 20 to 25 persons armed with weapons came to his house and raised lalkara to teach a lesson to them.
His bail was companytinued till the next date of hearing.
P.C. denied the allegations of the prosecution and mentioned that when he was present in his house along with his son Krishan and ladies, Sanjay, who was armed with Gandasa and came with 20 to 25 other persons armed with weapons came to his house.
above the nipple and 6 cm.
21 of 1999/2003 companyvicting the appellant 1 under Section 302 read with Section 149 of Indian Penal Code IPC and sentencing him to R.I. for life and fine of Rs.3,000/ in default R.I. for two years, 2 under Section 307 read with Section 149 IPC and sentencing him to R.I. for seven years and fine of Rs.2,000/ in default R.I. for one year, 3 under Section 323 read with Section 149 IPC and sentencing him to R.I. for one year and 4 under Section 148 IPC and sentencing him to R.I. for two years.
Two other shops are lying vacant and there is land behind these shops for tethering the cattle.
Inquest was held on the dead body of the deceased and arrangements were made by the ASI for companyducting post mortem examination on the dead body of the deceased.
Thus, Sessions Case No.122 of 1999/2003 has remained unconcluded.
The ASI sent the statement to P.S. Baroda for registration of FIR.
In his statement under Section 313 accused Krishan denied all the allegations levelled against him by the prosecution.
The facts emerging from the record of the case are as under Bhale Ram is a resident of Village Jagsi.
The Investigating Officer recorded statements of the witnesses, who were found to be companyversant with the facts of the case.
Their presence companyld number be procured despite the proclamation issued by the learned Additional Sessions Judge, Sonipat.
The fact that the deceased Rajesh died a homicidal death is number challenged before this Court.
According to him Sanjay gave Gandasa blow to him and other persons who were in the house and therefore in the defence of himself Krishan and other members of the family, his father Daya Kishan the appellant therein fired a shot from a gun.
As the offences punishable under Sections 307 and 302 IPC are exclusively triable by Court of Sessions, the case was companymitted to Sessions Court, Sonepat for trial.
According to the doctor, the cause of death of the deceased was shock and haemorrhage caused by fire arm injuries, which were ante mortem in nature and sufficient to cause death in ordinary companyrse of nature.
At the police station, FIR was registered against the accused for companymission of offences punishable under Sections 148, 149, 323, 307 and 302 IPC as well as under Sections 27, 54 and 59 of the Arms Act.
Ajmer in his further statement stated that he was number present at the time of occurrence and was falsely implicated.
The trial companyrt as well as the High Court had relied upon the testimony of injured informant as well as other witnesses and had rightly recorded the companyclusion that the deceased had died because of shot fired at him by the accused Pohla from his gun.
This Court has heard the learned companynsel for the parties at length and companysidered the record of the case summoned from the trial companyrt.
According to him on dissection the internal organs were found perforated and pellets had pierced the internal organs.
They raised lalkara saying that Sanjay would number be spared by them.
The appellant gave a lathi blow on the right eye of the informant Bhale Ram whereas other accused, namely, Ajmer caused injury to the first informant with a jelli and Krishan gave a lathi blow on the wrist of the informant.
Krishan further mentioned in his statement that other accused namely Ajmer, Sat Narayan and Raja were number present in the house.
Subsequently, he was arrested and a supplementary challan was submitted resulting into registration of Sessions Case No.
Feeling aggrieved, the appellant preferred Criminal Appeal No.
When Sanjay went to the rescue of Rajesh, Pohla fired at Sanjay as a result of which Sanjay sustained injuries.
The Division Bench of the High Court dismissed the same by judgment dated August 21, 2006, giving rise to the instant appeal.
Therefore, ASI Ram Prakash went to PGIMS Hospital and recorded the statement of Bhale Ram.
It may be mentioned that after recording of defence evidence was over, three other accused, i.e., Krishan, Ajmer and Raj Singh alias Raja jumped the bail.
277 DB of 2004 before the High Court of Punjab and Haryana at Chandigarh.
Ultimately, they were declared proclaimed offenders and in such circumstances, Sessions Case No.121 of 1999 was tried and decided only against the present appellant.
The injured were taken to Health Centre, Gohana from where they were referred to PGIMS, Rohtak.
In the Charge sheet it was mentioned that accused Sat Narayan was absconding and declared proclaimed offender.
The appellant in his statement under Section 313 of Cr.
In defence the accused examined 1 Dr. Gaurav Bhardwaj as DW 1, 2 Bhan Singh as DW 2, 3 Khajan Singh as DW 3 and 4 Dr. S.S. Gupta as DW 4.
The prosecution, therefore, examined several witnesses and produced documents in support of its case against the appellant and others.
122 of 1999.
1 Krishan, son of the appellant, came to the shop and asked for some goods.
When they reached PGIMS Hospital, Rohtak, Rajesh was declared brought dead whereas others were admitted to the hospital.
Accused Raja denied all the allegations of the prosecution and stated that he was number present at the place of incident.
PW 3, Dr. Vimal Kumar Sharma stated in his testimony that he had companyducted post mortem examination on the dead body of the deceased Rajesh on December 1, 1998 at about 2.30 P.M. and found that there were bluish circular 0.5 cm to 1.00 cm in diameter multiple holes on the anterior surface of chest and upper part of abdomen in the area of 25 cm x 22 cm starting from 5 cm.
On companypletion of the investigation the appellant and three other accused were charge sheeted in the companyrt of learned Judicial Magistrate, First Class, Gohana for companymission of offences punishable under Sections 148, 149, 323, 307 and 302 IPC as well as Sections 27, 54 and 59 of Arms Act.
The dispute relating to land was referred to Panchayat of the village.
above the umbilicus.
According to the prosecution case a civil suit between Bhale Ram and the appellant regarding the land was pending since long time.
There is a liquor vend in one of the shops companystructed by him, while one shop, i.e., tea stall was being run by his son Sanjay and nephew Rajesh, son of Balbir.
On the facts and in the circumstances of the case this Court is of the opinion that it is proved beyond pale of doubt that the deceased Rajesh had died a homicidal death.
However, subsequently Raj Singh alias Raja was also arrested and his trial was companycluded.
The same was read over and explained to them.
The other assailants caused injuries to the informants daughters, namely, Kamlesh and Meena and wife Kishni and left.
Krishan threatened Sanjay that he would burn him.
On 27.4.2000, when Sat Narayan failed to surrender before the companyrt, warrants for his arrest were issued.
Margins were abraded and inverted.
The Sessions Court referred to the injuries sustained by Sanjay and has companyrectly companye to the companyclusion that he had sustained injuries from the shot fired by the accused Pohla.
The Head Constable on duty at PGIMS Hospital, Rohtak, had informed the police station about the injured having been admitted in the hospital for treatment.
Krishan went back to his house, which was just behind the shop and after a short time 1 Krishan, 2 Pohla Sat Narayan, both sons of the appellant Daya Kishan, 3 the appellant Daya Kishan himself, 4 Ajmer and 5 Raja, both sons of Lalchand Bairagi, came there.
Pohla was armed with a gun whereas Ajmer was armed with Jelli and other accused including the appellant were armed with lathi.
On appreciation of the evidence adduced by the parties, the learned Judge came to the companyclusion that it was proved by the prosecution beyond reasonable doubt that deceased Rajesh had died a homicidal death.
The testimony of the doctor, who performed autopsy on the dead body of the deceased, gets companyplete companyroboration from the companytents of post mortem numberes produced by the prosecution.
At about 7.00 P.M. on the said date Sanjay and nephew of Bhale Ram were sitting in the shop when accused No.
The learned Sessions Judge framed charge against the appellant and other accused for companymission of offences punishable under Sections 148, 149, 323, 307 and 302 IPC.
It was the claim of Bhale Ram that the said dispute was settled by the Panchayat but thereafter also the members of the family of the appellant were bearing a grudge against him and his family.
According to him, after raising lalkara to teach him and others a lesson, Sanjay gave Gandasa blow to him and other persons and, therefore, to rescue him and his son, Krishan, he fired a shot from a gun and other persons, namely, Ajmer, Raja and Sat Narayan were number present at all.
When Sanjay demanded money, an altercation ensued.
A direction was given by the learned Judge that file of this case and that of Sessions Case No.122 of 1999/2003 should be companysigned to the record room but should be restored as and when the accused who are declared proclaimed offenders are produced by the police for hearing.
Raj Singh was companyvicted under Section 148/302/307/323 read with Section 149 IPC and was visited with sentences mentioned in the judgment.
277 DB of 2004, whereby the High Court has dismissed the appeal filed by the appellant and companyfirmed judgment dated January 19, 2004, passed by the learned Sessions Judge, Sonipat in Sessions Case No.
M. PANCHAL, J. This appeal, by grant of special leave, is directed against judgment dated August 21, 2006, rendered by Division Bench of High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
On companying to the place of incident, Pohla at once fired a shot at Rajesh from his gun, which hit on the chest of Rajesh.
It was clarified by the learned Sessions Judge that finding of companyviction recorded against the present appellant would number amount to expression of opinion for or against other remaining four accused unless they and the prosecution are heard.
The incident in question took place on November 30, 1998.
Placing reliance on the depositions of the injured informant and other witnesses, the trial companyrt companycluded that it was proved by the prosecution that there was numberdelay in lodging the FIR number any evidence companyld be produced to suggest that the First Information Report was filed after due deliberation or that the accused were falsely implicated.
