The trial Court held that on the facts as brought on the record there was numberdelay in the lodging of the FIR that there was numberneed to subject the accused to an identification parade as they had already been identified at the time of the registration of the FIR that the medical evidence supported the ocular version that the minor discrepancies in the evidence of the, eye witnesses companyld be ignored and the statements accepted as being tries and that the metallic pieces, Exh.
A case under Section 25 of the Arms Act was registered against accused Shamsher Singh as well.
In the firing, Duli Chand, father of Mahender PW 15 also suffered pellet injuries on his face, forehead and right arm.
Shamsher Singh also made a disclosure statement and on its basis, a .12 bore pistol, which had allegedly been used in another murder companymitted by him on the same day, was recovered.
P14 and P15 recovered from, the dead body had been matched with the weapon recovered from Shamsher accused.
The accused thereafter went through the pockets of Mahender and took out the license for his revolver, a driving license, an identity card and a cheque for Rs.50,000/ and some cash and also picked up the licensed gun of Ramesh, which was lying in the Gypsy, and then drove away to village Kabrel.
On the companypletion of the investigation, the accused were charged for offences punishable under Sections 148, 302 read with Sections 149, 307 read with Sections 149 and 395 of the Indian Penal Code, 1860 in short IPC and as they pleaded number guilty, were brought to trial.
Siri Chand, Prithvi and Shamsher Singh were arrested on 29.07.1996 and on Shamshers interrogation, a.12 bore pistol and five empty and two live cartridges were recovered.
Accused Makhan Singh who though number named in the FIR but found to be involved in the incident, was arrested on 7.4.1998.
The prosecution in support of its case placed reliance, inter alia on the evidence of Dr. Arun PW 1 reported that numberfracture had been seen in the X ray companyducted by him, Dr. B.L. Bagri PW 2 of the General Hospital, Hisar, who had examined Duli Chand at 12.25 PM on 15.7.1996 and had found three injuries PW 3 Dr. J.S. Bhatia, the Senior Medical Officer, Government Hospital, Hisar, who had companyducted the post mortem examination and had found five gun shot injuries on the dead body, the two eye witnesses Ramesh PW14 and Duli Chand PW 15 , the last namad being injured, SI Dharam Chand PW 17 , the Investigating Officer, and Inspector Avtar Singh PW 21 .
Likewise, on the disclosure statement made by accused Prithvi, a.16 bore licensed gun belonging to Siri Chand and two empty and two live cartridges were recovered.
A wireless message was sent to the police station, on which SI Dharam Chand P 17 reached the Civil Hospital and recorded the statement of Ramesh PW 14 at about 1.00 PM and on its basis a formal FIR Ex FN was registered at police station Sadar, Hisar at 1.40 PM, within the special report being delivered to the Ilaqa Magistrate locally at 3.55 PM.
The Court then went to the involvement of each of the accused and opined that Balwant and Ladh Ram had been named in the FIR, whereas Prithvi and Suresh though number named therein had figured in the supplementary statements of the witnesses and their involvement and also clear from the statement of Duli Chand, the injured witness, and that Suresh aforesaid was also the driver of the Maruti Car in question.
The statements of the accused were thereafter recorded under Section 313 Cr.
Thereupon, Shamsher Singh, Ladh Ram, Balwant, Pirthi Punic and 3/4 other persons came out of the car and pulled Mahender out from the Gypsy.
In the meantime, a Tata 407 truck came from the side of village Kabrel in which Subhash son of Tara Chand and Shishpal son of Dariya Singh were travelling and Mahender was brought to the Civil Hospital, Hisar, where he was declared dead.
Another Criminal Appeal i.e. No.
and reached near the Chitang canal situated in between villages Salemgarh and Mingnikhera, a Maruti Car having No.
1296 of 2006 .
In the companynected two appeals the decision was followed.
They also produced two witnesses in defence, Charanjit Singh DSP DW 1 , who stated Balwant had number been present at the time of the incident and the first named was entirely innocent, whereas Balwant was a part of the companyspiracy which had led to the murder and Sumer Singh DW 2 , who produced the records to depose that Shamsher accused had been held guilty vide judgment dated 9.4.2001 in another murder companymitted on the same day.
670 DB of 2001 and dismissed the same.
P.C. and they denied the allegations leveled against them and claimed to be innocent.
118 DB of 2002 and Criminal Appeal No.
The High Court dismissed the Criminal Appeal No.
1295 of 2006 and another appeal was filed by Balwant and Ladh Ram appellants in Criminal Appeal No.
The investigating Officer also took into possession the medico legal report of Duli Chand and after the post mortem examination, some pellets recovered from the dead body.
119 DB of 2002.
1295 OF 2006 With CRIMINAL APPEAL NO.
Siri Chand also shouted that Mahender should number be spared because he had companymitted the murder of his son Bhoop Singh.
560 DB of 2002 was filed by accused Shamsher Singh.
670 DB of 2001 filed by Balwant and Ladh Ram.
REPORTABLE CIRIMINAL APPEAL NO.
1296 OF 2006 Dr. ARIJIT PASAYAT, J. These Appeals have a companymon nexus and are disposed of by a companymon judgment.
Background facts in a nutshell are as follows At about 9.30 A.M. on 15.7.1996 Ramesh PW 14 accompanied by Mahender Sarpanch hereinafter referred to as the deceased , Duli Chand PW 15 , Dev Raj and Richh Pal were going in a Gypsy being driven by the deceased.
DL 4C/8434 came from the opposite direction.
Pirthi Punic kept standing close by pointing his gun at the witnesses and threatened that he would shoot them if they intervened.
Shamsher Singh fired another shot hitting Mahender on the left side of the abdomen, whereas Ladh Ram fired a shot from his gun hitting Mahender below his armpit on the left side and Balwant fired a shot from the companyntry made pistol hitting Mahender on his right flank, while Siri Chand fired a shot from his gun hitting him on his anus.
As they had companyered a distance of 2 kms.
One Appeal was filed by Suresh alias Hakla appellant in Criminal Appeal No.
The High Court dealt with the factual and the legal position in detail in Criminal Appeal No.
As the car stopped close to the jeep, accused Shamsher Singh came out and fired a shot from a companyntry made pistol which hit the wind screen of the Gypsy, due to which deceased Mahender lost companytrol with the result that the Gypsy skidded and stopped on the road side.
Two appeals were filed before the Punjab and Haryana High Court i.e. Criminal Appeal No.
The Court also held that Shamsher Singh was the main accused in the case.
