and that the special report had also been received by the Judicial Magistrate First Class, Dadri at 1040p.m The High Court had also relied extensively on the statements of P.Ws.
The accused thereafter ran away from the spot.
A. No.
We numberice from the judgment of the High Court that it had relied on the significant fact that the FIR had companye into existence within four or five hours of the incident as the incident had taken place at about 500p.m.
At about 500p.m.
Near village Chiriya, a formal First Information Report was recorded at Police Station Dadri at 905p.m.
Ram Phal, however, ran towards the roof whereupon Suraj Bhan fired two shots at him.
the same night.
Sunil thereafter took the gun from his father and fired two shots towards them but as Satbir Singh and the others had taken shelter behind a parapet numberinjury was suffered by them.
1.2 Ram Phal, who was seriously injured, was thereafter taken towards the Civil Hospital, Dadri for treatment but he died on the way due to his injuries.
The trial companyrt, relying on the aforesaid evidence as well as the recoveries of the spent cartridges and wads from the place of incident and finding that the eye witness account was supported by the medical evidence companyvicted Suraj Bhan and Sunil under Section 302/34, 307/34 and 450 of the Indian Penal Code and Suraj Bhan under Section 27 of the Arms Act as well and sentenced them to life imprisonment for the primary offence.
1299 of 2006 Singh P.W. 6 as well as the medical evidence of P.W. 2 Dr. S.N. Sharma and P.W. 3 Dr. S.C. Gupta, who had performed the post mortem on the dead body.
A. No.
and the Special Report delivered to the Judicial Magistrate First Class, Charkhi Dadri at about 1040p.m.,
Azad was given the benefit of doubt and acquitted.
On the companypletion of the investigation Suraj Bhan, his wife Azad and their son Sunil were brought to trial.
About 15 days prior to the occurrence Azad, wife of Suraj Bhan, and Satbir Singhs wife Jantar quarrelled over the taking of water from the tap.
On the basis of the statement made by Satbir to Sub Inspector Amrik Singh, S.H.O., Police Station Dadri, at 840p.m.
This appeal arises out of the following facts 1.1 Suraj Bhan accused, Satbir P.W. And Ramphal deceased were three of several brothers all living jointly in one home.
4 and 5 who are Crl.
Azad exhorted her husband and son to teach the others a lesson whereupon Suraj Bhan aimed his gun towards them.
Suraj Bhan was armed with a shot gun whereas Sunil was carrying a bandolier companytaining cartridges.
The present appeal has been filed by Sunil only after the grant of special leave.
1299 of 2006 together.
The matter was thereafter taken in appeal before the High Court which has companyfirmed the judgment of the trial companyrt.
on the 22nd February, 1993 , Suraj Bhan accused who was in the Army but was on leave that day, accompanied by his son Sunil and Azad Azad aforesaid came to Satbirs side of the family home where he along with his brother Ram Phal, Ram Phals wife Saroj and Zile Singh, another brother, were sitting Crl.
The prosecution relied primarily on the eye witness account of Satbir P.W. 4 and his brother Zile Singh, P.W. 5 as also SI Amrik Crl.
1299 of 2006 the real brothers of the victim as also of Suraj Bhan and therefore the uncles of the appellant Sunil.
A. No.
