IMPORTANT POINT
FIR--Prompt lodging of-Goes a long way in proving case of prosecution.

Mehtab S. Gill, J:­-

Crl. Misc. No. 53568 of 2004

We have heard learned counsel fo the parties.

Application for additional evidence has no relevance to the case as of today. The confession made by the applicant Karan Singh alias Aman Chaudhary will not be of any evidentiary value. The confession is in the form of a disclosure statement.

Application is dismissed.

Crl. Misc. No. 19750 of 2006 and

Crl. Misc. No. 53120 of 2006

Heard.

No merits in the applications and the same are dismissed.

Crl. Appeal No. 612-DB of 2003

This is an appeal against the judgment dated 2.6.2003 of the Additional Sessions Judge (Adhoc), Hisar, whereby he convicted Umed Singh son of Surat Singh, Mahender Singh son of Bhale Ram, Rajender son of Beli Ram, Surat Singh son of Chellu Ram and Kaptan Singh son of Layak Singh under Sections 302/34/120-B IPC and sentenced them to undergo various terms Sections of the IPC. Sukhdev alias Sukha was convicted under Section 25 of the Arms Act. He was sentenced to undergo RI for two years and to pay a fine of Rs. 500/-, in default to further undergo RI for six months. Sukhdev alias Sukha is not before us, as he’ has not preferred an appeal in this Court. Randhir Singh son of Surat Singh and Manphool Singh alias Harphool Singh son of Tokh Ram, co-accused of the appellants, were acquitted by the learned trial Court. State has not filed any appeal against their acquittal. Sukhnandan son of Sukhchain, co-accused of the appellants, was declared a proclaimed offender, during the course of trial and till date he has not been arrested to face trial.

2. The case of the prosecution is unfolded by the statement Ex. P20 of Partap Singh, father of the deceased, given to ASI Rajpal Singh on 23.6.1998 at 9.30 AM. at Village Juglan. Partap Singh stated, that he is an agriculturist and had one son Mahender and four daughters All his daughters were married. On 22.6.1998 he and his mother Shanti were sleeping outside in their courtyard on cots. His son Mahender was sleeping along with his family in the courtyard inside the house. On 23.6.1998 at about 4.00 A.M., a Commander jeep stopped in the lane in front of his house. He along with his wife got up to see who had come. Four persons in police uniform came down from the jeep. They were carrying pistols and gun in their hands. These four persons entered in his house. They asked about his son Mahender and said that Inder Gujjar had fled away from the jail after breaking it open and he had come here. They then forcibly tried to drag Mahender outside the house. He asked them as to who they were one of them told him that they were from the police force and S. P. Sahab, was present outside. They forcibly took Mahender near the jeep. Partap Singh and his wife Shanti followed them. There they saw that Umed Sarpanch son of Surta, who was in police uniform standing there, armed with a pistol. Randhir son of Surta was armed with a carbine. Mahender son of Bhalla Ram and Rajinder son of Bedi Ram were also standing armed, with guns. All of them were residents of Village Juglan. Partap Singh and his wife Shanti recognized them. Partap Singh said that it was Umed, who was standing there. The four persons were tried to put Mahender in the jeep. An unknown person in civil clothes was sitting on the driver’s seat Partap Singh, his son Mahender and his wife Shanti Devi grappled with them, but Umed fired a shot from his pistol which hit Mahender on his right shoulder. The bullet pierced his left shoulder. On receipt of the pistol injury, Mahender fell down on the ground. Randhir, Mahender and Rajinder also fired with their respective weapons. Shanti Devi sustained pellet injuries on her left arm. She also fell down. Partap Singh tried to catch hold of Umed etc. but was not successful. Thereafter, an alarm was raised and all the four persons sat in the jeep and fled away. The motive for commission of the offence was that one year back, Vijay brother of, Umed Singh had been murdered in Rajasthan.