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This order will dispose of Criminal Appeal No.D-168-DB of 2009 filed by appellants-Sanjay, Anita and Ramesh alias Mesha and Cr. A. No.D-168-DB of 2009 and Cr. Appeal No.D-299-DB of 2009 Criminal Appeal No.D-299-DB of 2009 filed by appellants-Satish and Krishan as these arise out of the same judgment dated 15.12.2008 and order dated 16.12.2008 passed by the learned Additional Sessions Judge, Sonepat whereby all the appellants in the two appeals were found guilty and convicted for the offences punishable under Sections 120-B read with Sections 302 of the Indian Penal Code (`IPC' - for short). Appellants- Satish, Sanjay, Krishan and Anita were held guilty for the offence under Section 302 read with Section 34 IPC. Appellants-Sanjay, Satish and Krishan were also held guilty for the offence under Section 201 read with Section 34 IPC. Appellant-Satish was also held guilty for the offence under Section 25(1B)(a) of the Arms Act and appellant Sanjay was also held guilty for the offence under Section 25(1B(b) of the Arms Act. They were all sentenced to undergo rigorous imprisonment for life and to pay a fine of `5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 120-B read with Section 302 IPC. Satish, Sanjay, Krishan and Anita were sentenced to undergo rigorous imprisonment for life and to pay a fine of `10,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 302 read with Section 34 IPC. Satish, Sanjay and Krishan were also sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of `5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 201 read with Section 34 IPC. Satish was also sentenced to undergo Cr. A. No.D-168-DB of 2009 and Cr. Appeal No.D-299-DB of 2009 rigorous imprisonment for a period of two years and to pay a fine of `2,000/- and in default of payment of fine to further undergo imprisonment for one and half months for the offence under Section 25 1B(a) of the Arms Act. Sanjay was also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of `2,000/- and in default of payment of fine to further undergo imprisonment for one and half months for the offence under Section 25 1B(b) of the Arms Act. However, all the substantive sentences were ordered to run concurrently.

The brief facts of the prosecution case are that FIR No.54 (Ex.PH/1) in the present case was registered on the statement of Sunita which was got recorded at about 8.40 a.m. on 1.4.2007 by SI/SHO Satpal Singh, Police Station Sadar, Sonepat. As per statement of the complainant, her brother-in-law Hari Om and they had constructed a residential house on the road in the fields on the outskirts of the village and were residing there along with children. Her husband had already died about 10 months back. She resides separately in her home with her children. Her brother-in-law Hari Om resides in his separate house along with his children. On that day at about 1.30 a.m. in the night Sahil-son of her brother-in-law Hari Om knocked at the door and when she opened the door, Sahil told her that some people had assaulted his father. On hearing this, she and her mother-in-law, namely, Sunehari rushed to the house of Hari Om along with Sahil and saw that her sister-in-law (Devrani) Anita was lying unconscious on the gate of the house due to the injuries suffered on her head. They entered in the room and saw that Hari Om was lying in a pool of blood on the bed. His head and Cr. A. No.D-168-DB of 2009 and Cr. Appeal No.D-299-DB of 2009 torso was on the bed but legs were hanging. He had multiple injuries on his abdomen and chest caused by sharp edged weapon and a lot of blood was oozing out from the injuries. When they saw, they found that he had succumbed to his injuries. Household articles of the box and `diwan' were lying scattered. The complainant also stated that her brother-in-law Hari Om had been murdered by some unknown culprits due to grudge. They had informed their relative Baljeet Nandal, resident of Bahadurgarh about this incident. They had also given information in the village of her mother-in- law. She along with her mother-in-law were going to Police Station to inform the Police after leaving her son Sandeep and Sahil son of Hari Om near the dead body when the Police party met on the turn of Rathdhana and got recorded the statement at 8.40 a.m. by SI/SHO Satpal Singh, Police Station Sadar, Sonepat. `Ruqa' was sent to the Police Station on the basis of which FIR was registered.

The Investigating Officer also recorded the statement of Sunehari Devi, mother-in-law of the complainant. Then he went to the spot of the crime. He prepared rough site plan. The inquest report was prepared. He lifted blood stained bed sheet piece and sealed with seal of `RS' and taken into possession vide recovery memo. The dead body was sent for post-mortem examination.

Dr. Suman Tanwar, who was posted as Medical Officer in General Hospital, Sonepat, conducted post-mortem examination along with Dr. Adarsh Sharma on the dead body of Hari Om and found the following injuries:-

PW-2 Sahil is the minor son of Hari Om aged about 12 years. He is the eye witness of the occurrence and deposed regarding the occurrence. He deposed that on 31.3.2007, he had gone to sleep at about 9.00 p.m. after taking the meals. At about 1.30 a.m. in the night, he was awoken on hearing commotion. He saw that three persons were beatings his father. His mother was standing on a side. One of the assailant asked his mother to send the children at which his mother sent them upstairs. As they were being sent upstairs, he overheard that one of the assailants was telling the others to scatter the articles. One of the assailants was holding knife, the other was holding a pistol and the third one was empty handed. After 10-15 minutes, he heard the sound of start of motorcycle and saw from the roof that the three assailants were fleeing on motorcycle towards Sonepat. Her mother then called them to come down telling that those assailants had killed his father and had also injured her and had taken away money. She also asked him to inform his `Tai'. PW-2 Sahil further stated that he saw that his father was lying half body on the bed and the other half hanging downwards. He was having injuries on his chest and head. He knocked at the door of his `Tai', namely, Sunita, who came there and then his `Dadi' Sunehari also reached. His `Dadi' went to the village to inform the villagers. After some times, villagers came from the village. His `Tai' and `Dadi' then went to Sonepat to inform the Police. PW-2 next deposed that he could identify the three assailants who caused injuries to his father. One Cr. A. No.D-168-DB of 2009 and Cr. Appeal No.D-299-DB of 2009 of them was standing in the Court wearing yellow shirt (witness pointed out towards accused-Sanjay). Said person had also come to their house 7/8 days prior to the occurrence. The other two accused were also present in the Court. Witness was asked to identify and by going to the accused box, witness pointed towards accused-Krishan and Satish. He further deposed that Police had come to the spot in the morning and had recorded his statement.