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H.S.MADAAN J.

This appeal is directed against the judgment of conviction dated 19.1.2011, and sentence order dated 29.1.2011 passed by the Court of Additional Sessions Judge, Sonepat vide which he had convicted accused Chhattar Singh and Kaptan Singh for offences under Section 302, 307 IPC and in addition to that convicting Kaptan Singh for offence under Section 25 of the Arms Act sentencing them as follows:-

1 of 24 1 Chhatar Singh Section 307 IPC Rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo imprisonment for three months Section 302/34 IPC Imprisonment for life and to pay a fine of Rs. 10,000/-

Whereas accused Jagbir Singh, Sonu, Randhir Singh @ Dheera and Surender Kumar were acquitted of the charge framed against them. The accused-convicts, who are appellants before this Court pray that the appeal be accepted, impugned judgment of their conviction and sentence be set aside and they be acquitted of the charges framed against them.

Briefly stated, facts of the case, as per prosecution story, which got unfolded during the trial, are that on 17.10.2006 complainant- Pardeep Kumar son of Arjun Singh of Jat community, resident of Village Katwal, aged about 33 years and serving as Head Constable in 25th 2 of 24 Batalion, Rajput Regiment c/o 56 APO Gurdaspur Punjab had come home on leave for fourteen days. At about 8.00 A.M. when he was proceeding to his house in the street of Village Katwal and had reached near outer gate of his house, then Chhattar Singh @ Charat Singh son of Pehlad Singh of Jat Community along with his elder son Jagbir Singh and nephews Surender, Dheera and Kaptan sons of Satyawan besides Sonu son of Satbir Singh, Jat of that very village came there and started following him. Chattar Singh @ Charat Singh, Kaptan Singh and Dheera @ Randhir Singh were armed with pistols whereas their remaining associates had kept their hands in their pockets. All the six raised lalkara " leylo" then Chhattar Singh @ Charat Singh fired a shot from his pistol hitting complainant Pardeep Kumar on left side of his abdomen (pasu). After hearing the noise of the shots being fired, Attar Singh, brother of complainant Pardeep Kumar came out of his house. Then Kaptan Singh fired a shot hitting him in the chest. Randhir Singh fired a shot at complainant Pardeep Kumar but that missed the target. Two other brothers of complainant namely Kuldeep and Ajit also arrived at the spot. After receiving gun shots complainant-Pardeep Kumar and his brother Attar Singh had fallen on the ground. Both the injured were taken to PGIMS Rohtak, where injured Attar Singh was declared as brought dead. However, at request of complainant- injured Pardeep Kumar, he was shifted to Civil Hosptial, Rohtak. He was given first aid there and was referred back to PGIMS, Rohtak for treatment with ruka where he came across police party headed by SI Amarjeet Singh. It is relevant to mention here that on receipt of intimation from police post PGIMS, Rohtak that Attar Singh had been brought dead to the PGIMS., Rohtak with fire arm injuries, a police party led by SI Amarjeet Singh, SHO of Police Station, Sadar 3 of 24 Gohana, District Sonepat (hereinafter referred to as "Investigating Officer/I.O.") went to PGIMS, Rohtak where he came across complainant- Pardeep Kumar and recorded his statement. SI Amarjeet Singh, the Investigating Officer, had put his endorsment Ex.PA below the said statement and sent the Ruka to the Police Station through Constable Pardesi for registration of FIR on the basis of which formal FIR Ex. PL/1 was recorded at Police Station Sadar Gohana, District Sonepat under signatures of SI Sohan Lal.

PW-14 Om Parkash, Reader to District Magistrate, Sonepat stated that on 6.12.2006 the then District Magistrate Smt. Nirja Shekhar, IAS accorded the sanction vide order Ex. PM against the accused Kaptan son of Satyawan resident of Village Katwal.

PW-15 ASI Narender Kumar who on 17.10.2006 was member of the Police party headed by SI Amarjeet Singh deposed regarding what had transpired in his presence at the spot on the fateful day.

PW-16 Constable Sant Kumar stated that on 17.10.206 11 of 24 he had got conducted the post mortem examination on dead body of Attar Singh and that the doctor had handed over to him two sealed parcels containing clothes of the deceased besides one sealed envelope along with seal of the doctor which he handed over to SHO Amarjeet Singh, who took the same in possession vide recovery Memo Ex. PN.

During the defence evidence the accused examined S. L. Verma, draughtsman DW-1 who stated that on 30.9.2010 he had visited the spot at Village Katwal and prepared site plan Ex. D1 on demarcation of Jasbir son of Chhattar Singh.

With that the defence evidence was closed.

After hearing arguments, learned Additional Sessions Judge, Sonepat convicted and sentenced accused Charat Singh @ Chhattar Singh and Kaptan Singh, as mentioned above, which left them aggrieved whereas other four accused namely Randhir Singh @ Dheera, Sonu, Surender and Jagbir Singh were acquitted of the charges framed against them. Accused-convicts Chhattar Singh and Kaptan Singh have filed the present appeal praying that the same be accepted, the impugned judgment of the trial court be set aside and they be acquitted of the charges.