JUDGEMENT
Mr. Kuldip Singh, J. -
(1.)This appeal is directed against the judgment dated 26.10.2015 passed by learned Addl. Sessions Judge, Jhajjar, vide which all the accused-appellants were convicted and sentenced as under:
JUDGEMENT_416_LAWS(P&H)5_2016_1.html
All the substantive sentences were directed to run concurrently.
(2.)Brief facts of the case are that on 16.03.2013, the Police Control Room, Jhajjar received a telephone information regarding firing incident near Jakhoda School. A police party headed by S.I. Jai Kishan visited the place of occurrence, where Ramal Singh, Poonam and Himanshu were found lying injured. The injured were removed by the police to the Govt. Hospital, Bahadurgarh. It was found that the remaining injured, namely Suresh, Arvind, Karamjeet had already been referred to PGIMS, Rohtak. The police party visited PGIMS, Rohtak and collected the MLRs of the injured. There the statement of Arvind son of Ramal Singh was recorded. As per statement of Arvind-complainant, there was an old enmity between his family with the family of Hem Chander and Krishan. On the last evening Harbir, Sri Pal, Rahul @ Raju visited the shop of his father Ramal and extended threat to eliminate him. His father lodged a complaint to the this effect at Police Post, Assaudha. The police came to the village but due to intervention of respectable persons of the village, one day time was requested for compromising the matter. On the day of occurrence i.e. 16.03.2013 at about 6.30 p.m., Arvind along with his father Ramal Singh, mother Bimla, grandmother Murti Devi, his wife Manju, sister Poonam, nephew Himanshu, chacha/uncle Suresh, chachi/aunt Daya, cousin brother Karamjeet were present in their house. In the meantime, Balbir armed with pistol; Krishan, Deepak and Kapil armed with gun; Manjeet armed with pistol; Harbir, Anil, Darshan, Anoop armed with pistols; Rahul @ Raju armed with knife; Gaurav and Sri Pal armed with guns; Yudhvir, Darshna, Geeta, Sunil @ Seena, Ritu, Ajay, Sonu, Nepal and Deepak trespassed into their house. On entering the house, the accused persons gave exhortation to finish all the family members of Ramal. Therefore, all the accused indiscriminately started firing on the family members of the complainant. Due to which, Arvind received gun shot injury on the right arm from the gun of Deepak. His father Ramal, uncle Suresh, cousin Karamjeet, sister Poonam, nephew Himanshu and grandmother Murti Devi also sustained firearm injuries. The accused persons also hurled brick-bats and stones in the house of the complainant. The family of the complainant made a call to the police on help line No.100. On seeing the police party, the accused fled away with their respective weapons.
(3.)On the basis of the said statement, the case under Sections 148, 149, 307, 452 Penal Code and 25 & 27 of the Arms Act, 1959 (in short 'the Arms Act') was registered against the accused. After completion of the investigation, the challan was presented in the Court of learned Illaqa Magistrate. Learned Magistrate committed this case to the Sessions Court as the offence punishable under Sec. 307 Penal Code is exclusively triable by the court of Sessions. All the accused were charge-sheeted for the commission of offences punishable under Sections 149 read with Sec. 148, 452, 307 Penal Code. Accused Balbir, Deepak, Kapil, Manjeet, Anil, Sri Pal, Harbir and Krishan were also charge-sheeted for the commission of offence punishable under Sec. 27 of the Arms Act. Accused Balbir, Deepak, Manjeet and Anil were also charge-sheeted for the commission of offence punishable under Sec. 25 of the Arms Act for keeping in their possession unlicensed arms weapons without having any permit or licence.