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This judgment shall dispose of criminal appeals bearing CRA-D-781-DB of 2006 titled as Arun @ Shankar vs. State of Haryana, CRA-D-817-DB of 2006 titled as Sunil @ Sukha vs. State of Haryana, CRM No.53-MA of 2007 titled as State of Haryana vs. Sandeep @ Kala and CRM No.604-MA of 2007 titled as State of Haryana vs. Ravi Kant and criminal revision bearing CRR No.2547 of 2012 titled as Ashok vs. State of Haryana, which have arisen out of the judgment of conviction dated 01.09.2006 and order of sentence dated 11.09.2006 vide which Addl. Sessions Judge, Sonepat convicted accused Arun and Sunil under Section 302/34 IPC and under Section 25 of the Arms Act. Accused -Ashok was a juvenile and was tried by the Juvenile Justice Board, Sonepat and convicted. The State of Haryana have preferred two appeals aggrieved by the order of acquittal of accused Sandeep @ Kala and Ravi Kant. The appellants Arun @ Shankar and Sunil @ Sukha, who were tried by the Addl. Sessions Judge, Sonepat were sentenced to life imprisonment along with a fine of Rs.20,000/- for commission of the offence punishable under Section 302 IPC read with Section 34 IPC. In default of payment of fine, they were to further undergo imprisonment for a period of 20 months. Both the accused were also sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.1,000/- for the offence punishable under Section 25(1-B) of the Arms Act. In default of payment of fine, they were to further undergo imprisonment for a period of one month.

Ashok (juvenile) was convicted for commission of offence punishable under Section 302 IPC and Section 25 of the Arms Act and he was ordered to be sent to Special Home/Observation Home for a period of three years vide judgment dated 13.12.2011. The period he remained in the Observation Home was ordered to be set off.

Adverting now to the facts, Dr. Sunil Kumar had lodged a complaint Ex.PE/1 with the police on 15.02.2005 relating to an incident, which occurred the previous evening near his clinic at about 8.15 pm. His son Suhas, a student of 12th Class, as usual had gone for his tuition in Sector 15. After attending his class, he came to meet his father at his clinic at about 7.30 pm. He told his father that he was to go to Yatin's house. Yatin used to stay in house No.15-R, Model Town, Sonepat. He and his son left the clinic on the motor cycle and when they reached near Yatin's house, four persons came on two motor cycles. One of the motor cycle bore registration No.HR 10-F 1739. All of them told Suhas that he would be taught a lesson for picking up the quarrel earlier. Suhas addressed Ravi Kant by name and told him that he had no dispute with him and they had the altercation with Vishnu Jaitly. They replied that he (Suhas) was accompanying Arun Jaitly and saying so, all the four boys inflicted knives blows in the abdomen, waist and other parts of the body. The complainant raised alarm and people from the neighbourhood came running. Rakesh Chaudhary s/o Jaipal Chaudhary also arrived on the spot and witnessed the occurrence. All the boys left the place of occurrence on their motor cycles. The complainant had mentioned that he could identify the persons if produced before him. The complainant took his son to G.D.Sharma Hospital, Sector 14, Sonepat but on seeing the critical condition, the doctor referred him to Delhi. The complainant and Rakesh Chaudhary took Suhas to Jaipur Golden Hospital, Delhi where he died. The complainant named Ravi Kant and his companions for murdering his son on account of an old grudge. A supplementary statement was made by the complainant and he named five persons. The matter was investigated and challan was filed against all the accused. Separate trial was held for accused Ashok, who was a juvenile. Charge was framed under Section 302 read with Section 148 and 149 IPC. Accused Arun, Sandeep and Sunil were also charged for keeping a knife in their possession without any license. All the accused pleaded not guilty and claimed trial.

There is no dispute that Dr. Sunil Kumar's clinic is at a stone's throw. There is no dispute either that it was Dr. Sunil Kumar, who admitted his son in Jaipur Golden Hospital in Delhi at 10.00 pm. It is not disputed that Suhas was first taken to G.D.Sharma Hospital, Sector 14, Sonepat.

Suhas was not admitted in the hospital at Sonepat as his condition was serious and he was taken to Delhi. The admission in Jaipur Golden Hospital, Delhi is at 10.00 pm. The fact that Suhas had reached the hospital at 10.00 pm by Dr. Sunil shows that he was present at the spot and he wasted no time in carrying his son to a local hospital and then to Delhi. The anxiety on the part of the father can well be understood. Suhas was declared dead on admission. It is in the statement of the official witnesses including the doctor that father of Suhas was present in the hospital at Delhi. There remains no dispute that the father had accompanied his son to Delhi. The relatives were present in the hospital during the whole night. A medical ruqqa had been sent to the police at Delhi and DD No.40-A was entered at Police Station Rohini, Delhi. The time entered in the DD is 10.20 pm. It refers to a call received from Jaipur Golden Hospital, Delhi regarding admission of Suhas.

The appeals filed by Arun @ Shankar and Sunil @ Sukha are dismissed. The revision filed by Ashok is also dismissed whereas the appeals filed by the State of Haryana are allowed. Accused Ravi Kant and Sandeep would surrender before the Chief Judicial Magistrate, Sonepat within a period of 10 days. In case, the surrender is not made within the above given period, the Chief Judicial Magistrate, Sonepat is then directed to take all coercive steps to secure their arrest and send them to jail to undergo the sentence awarded above. Necessary jail warrants of both the convicts be also prepared under Rules by the Chief Judicial Magistrate, Sonepat. All the sentences awarded to each accused shall run concurrently. Lower Courts record along with copy of judgment be sent back forthwith for necessary compliance.