JUDGEMENT
Harinder Singh Sidhu, J. -
(1.)THIS order shall dispose of Criminal Appeal No. D -45 -DB of 2010 filed by Ajayvir Singh, appellant -accused and Criminal Appeal No. 2619 -SB of 2009 filed by Parveen, appellant -accused against the judgment dated 15.10.2009 and the order of sentence dated 19.10.2009 passed by learned Additional Sessions Judge, Gurgaon (for short 'learned trial court'), vide which they were convicted and sentenced as under: -
(2.)IT was specifically ordered that both the sentences shall run concurrently.
Vide the impugned judgment, Joginder @ Prabhu Pehalwan, Jaipal @ Panchi, Vinod, Alok Sharma and Pardeep, co -accused of the present appellants have been acquitted of all the charges by learned trial court.
(3.)THE case was got registered on the statement Ex. PC made by Ram Narain @ Ramu, complainant before Inderjit, SI/SHO. As per this statement, on 02.09.2005 at about 9.15 PM complainant alongwith his brother Nand Kishore, Rajesh Kumar, Ginni, Lilu Ram, Ombir, Lovekesh Kumar, Manjit, Rajesh Kumar and Ishwar Singh was present in 'Rao Hotel' also known as Shere -e -Punjab, situated in village Lakhuwas. The said hotel had been taken on rent by his younger brother Nand Kishore. In the meantime, an Indigo car came there and two persons alighted from the same. They said there had been a quarrel at this hotel day before yesterday and the owner of the hotel was being called by the officer, sitting inside the car. The complainant asked those persons to tell the officer to come to them. Thereafter, an official in uniform got down from the car. There were two stars on his uniform, but he was not wearing any belt. He was carrying a weapon. He enquired as to who is the owner of the hotel. Upon this, Rajesh Kumar replied that he was the owner and the said police officer started giving slaps and fists blows to him. In retaliation, Nand Kishore gave a slap to the uniformed person who thereupon fired thrice at Nand Kishore from his weapon. Thereafter, all the three accused fled away towards Sohna side in their car. The colour of the car was white silver. It appeared to be Indigo and last numbers on the number plate appeared to be 54. On receipt of bullet injuries, Nand Kishore fell down. The complainant alongwith Ishwar brought Nand Kishore to General Hospital, Sohna where he was declared brought dead.
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