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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ajay Tewari, Alka Sarin, JJ.
Rajesh @ Raja and others - Appellants
Versus
State of Haryana - Respondent
CRA-D No.285-DB of 2015(O&M)
Decided On : 29-11-2019
DELAY IN LODGING FIR - NON-RELIANCE ON CCTV FOOTAGE - NON-EXAMINATION OF INDEPENDENT WITNESS - HEARSAY EVIDENCE - INVOLVEMENT OF APPELLANTS - The delay in lodging the FIR, per se, cannot be a good ground to doubt the case of the prosecution. The Court has to see in a given case the possible cause of the delay and whether the delay is attributable to any effort to concoct a version. The delay in the present case in lodging the FIR is not fatal to the prosecution case. The prosecution has been able to prove its case beyond reasonable doubt on the strength of the testimonies of the eye-witnesses and other witnesses produced by the prosecution. The testimonies of the eye-witnesses are trustworthy and inspire confidence. The failure to examine any independent witness by the prosecution would also be of no avail to the appellants, inasmuch as, there is enough evidence on record in the shape of the testimonies of the eye-witnesses as well as the testimony of the doctor, who appeared as PW4, and the FSL report with regard to matching of bullets found at the place of occurrence. The complainant's version was hearsay, but he also identified the assailants in the Court. The role of Vijay in forming an unlawful assembly in order to carry out the murder is beyond a shadow of doubt. Minor contradictions cannot be made a ground for rejecting an otherwise trustworthy and credible testimony. Even if one was to discard the testimony of PW1, then also the account of the two eye-witnesses is adequate to prove beyond reasonable doubt the involvement of the appellants in the murder of the deceased.
JUDGMENT :
ALKA SARIN, J.
The present appeal has been filed by seven accused-appellants challenging the judgment of conviction and order of sentence dated 20.01.2015 passed by the Additional Sessions Judge, Kurukshetra, vide which the appellants have been convicted and sentenced as under :-
| “1. Rajesh alias Raja | |
| Under Section 148 of Indian Penal Code, 1860 | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.1,000/- (one thousand). In default of payment of find, he shall further undergo simple imprisonment for a period of fifteen days |
| Under Section 302 read with section 149 of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.40,000/- (forty thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of six months. |
| Under Section 307 read with section 149 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of five years and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
| Under Section 120-B of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
| 2. Vijay Kumar | |
| Under Section 148 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.1,000/- (one thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of fifteen days. |
| Under Section 302 read with section 149 of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.40,000/- (forty thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of six months. |
| Under Section 307 read with section 149 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of five years and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
| Under Section 120-B of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
| 3. Naresh Kumar | |
| Under Section 148 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.1,000/- (one thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of fifteen days. |
| Under Section 302 read with section 149 of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.40,000/- (forty thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of six months. |
| Under Section 307 read with section 149 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of five years and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
| Under Section 120-B of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
| Under Section 25 of Arms Act, 1959. | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.3,000/- (three thousands). In default of payment of fine, he shall further undergo simple imprisonment for the |
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