2016 Supreme(P&H) 764
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
S.S. SARON & GURMIT RAM, JJ.
Anand and another - Appellants
Versus
State of Haryana - Respondent
CRA-D-923-DB of 2013(O&M) & CRA-D-766-DB of 2015(O&M)
Decided On : 12-4-2016
For the Appellants :Mr. Atul Lakhanpal, Senior Advocate with Mr. R.S. Chahal, Advocate for appellants.
For the Respondent: Mr. R.K. Makkad, DAG, Haryana.
The main legal point established in the judgment is the requirement for reliable and consistent evidence to establish guilt beyond a reasonable doubt. The court emphasized the need for a clear motive and credible witness testimony to support the prosecution's case.
Headnote:
The prosecution's case was based on an alleged firing incident in a village, resulting in the death of two individuals. The appellants were accused of various offences including murder, attempted murder, and possession of arms. The trial court found the appellants guilty and sentenced them accordingly. However, the defense argued that the prosecution evidence was unreliable and discrepant, and there was no clear motive for the accused to commit the alleged crimes. The defense also raised doubts about the presence of the complainant and the injured at the scene of the crime, as well as the recovery of weapons and vehicles. The court ultimately found merit in the appeals and acquitted the appellants of all charges, citing benefit of doubt.
GURMIT RAM, J.
1. The above noted both the appeals have been preferred by appellants Anand, Dharampal @ Malarh and Bhalu against the judgment dated 31.7.2013 and order of sentence dated 3.8.2013 passed by the Court of learned Additional Sessions Judge, Rohtak in criminal case bearing FIR No.264 dated 28.10.2008 u/Ss 147, 148, 216, 323, 307, 302, 449 read with Section 149, 120-B of the Indian Penal Code, 1860 (in short – the IPC) and 25/27/30 of the Arms Act, 1959, Police Station Sampla vide which they were held guilty for the offences punishable u/Ss 148, 302, 307, 449 read with Section 149 and 120-B of the IPC and further appellant Anand was also held guilty for the offence punishable u/S 25 of the Arms Act and awarded the sentences as detailed below :
Under Section
R.I. Imprisonment
Fine
In default of payment of fine
148, IPC
One year each
--
--
120-B, IPC.
Life imprisonment each
Rs.5,000/- each.
2 months each
302 read with Section 149, IPC.
Life imprisonment each
Rs.10,000/- each
4 months each
307 read with Section 149, IPC.
Five years each
Rs.5,000/- each
1 month each
449 read with Section 149, IPC.
Ten years each
Rs.3,000/- each
1 month each
Appellant/accused (Anand) was also sentenced to undergo rigorous imprisonment for three years and to pay a fine Rs.5,000/- u/S 25 of the Arms Act and in default of payment of fine to further undergo imprisonment for two months. All the substantive sentences were ordered to be run concurrently.
Whereas their co-accused namely Sonu, Sombir, Poonam, Kamlesh, Satpal, Anil @ Lilo, Rakesh, Naresh @ Pala, Mukesh, Jagbir and Sumer were acquitted of all the charges vide this judgment.
Herein it is also made clear that accused Shri Bhagwan, Dilbag and Phool Singh had expired during trial of the case and as such proceedings of this case qua them were dropped.
2. The case of the prosecution as put forth before the learned trial Court in brief was that on 28.10.2008, Vijender Singh, Inspector/SHO, Police Station Sampla alongwith Maha Singh, SI and other police officials was present in the premises of Police Post, Kharawar, in connection with law and order duty. There he received an information that some firing incident had taken place in village Karor. Upon this, Incharge Police Post Kharawar along with above said police officials reached in the house of Amar Partap @ Rambir son of Tale Ram, resident of village Karor. Complainant Rajesh Kumar son of Satbir resident of Karor presented an application Ex.PB before Vijender Singh, Inspector/SHO, Police Station Sampla, the contents of which in brief were as under :
“That he is an agriculturist. They are five brother and sisters. All his four sisters are married. His father expired about three years back due to shock regarding some land. Nafe son of Ram Sarup, Devender son of Inder Singh and Ram Karan son of Ram Narain got prepared a forged agreement in connivance with each other from his father by way of fraud in the year 2003 qua the land measuring eight killas situated across the railway line. Sons of Chhaju used to threaten him again and again to vacate this land by stating that he would have to vacate this land, otherwise its consequences would not be good. Regarding this land, a civil suit was also stated to be pending in the Court. Dilbag and Bhalu attacked upon him in the month of February, 2008. Hence he filed an assault case against them. In this matter, one Amar Partap used to help him, so due to this reason, family members of Chhaju had been nourishing a grudge against him (Amar Partap) also. Today his mother namely Hoshiari Devi and his wife Rani had gone to the house of Amar Partap @ Rambir at about 6:00 p.m. to celebrate Diwali festival. He and his brother Peshi Ram had gone to the fields on a tractor. On coming to know that his wife had gone to the house of Roshni wi