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1. This judgment shall dispose of the above mentioned two appeals filed on behalf of accused Madan Lal, Jasbir Singh, Devender @ Dhilla, Ranbir @ Dallu and Surender challenging judgment dated 30.3.2013 and order dated 3.4.2013 passed by Additional Sessions Judge, Sonepat vide which they have been convicted and sentenced as under:

1 of 31 (2) Criminal Appeal-D No.441-DB of 2013 Name of convict Convicted u/s Sentence Imposed In default of payment of fine Madan Lal, (i) 302/149 IPC R.I. for life and Further R.I. for 6 fine of ` 10,000/-. months.

2. This case arises out of FIR No. 154 under Sections 148, 302/149, 120-B IPC and Section 25 of the Arms Act, 1959 registered at Police Station Sadar, Sonepat on 26.4.2009 at the instance of Chand Roop, resident of Raipur. The gist of his statement (Ex.PA), the basis of FIR, when translated to English reads as follows:-

"I am an agriculturist. My uncle's son namely Sanjay son of Puran was Sarpanch of the village. However, members of family of Ranbir @ Dallu were having grudge with him on account of elections regarding which a case under Section 307 IPC is pending. Today, in the morning, at about 7:30 A.M., when I, my brother Sanjay, my sister-in-law Nirmala wife of Sanjay and brother-in-law of Sanjay namely Rajbir resident of Silana were returning back from Ch. Devi Lal Park after taking a walk and were near house of Sandeep, then a white-coloured Verna Car bearing registration No.DL4C-AS-3626 and another black-coloured 2 of 31 (3) Criminal Appeal-D No.441-DB of 2013 Verna Car bearing registration No. DL4C-ND-0834 came and stopped in front of my brother Sanjay Sarpanch who was walking a little ahead of me. Ranbir @ Dallu, Devender @ Dhilla who were carrying pistols came out of the white car along with its driver Devender Butania, Jasbir and Madan Lal (uncle of Dallu) who were carrying pistols came out of the black-coloured car along with the driver who was a young boy whose name and address is not known to me but is usually seen with Dallu. All of them declared that they will eliminate Sarpanch and warned us not to come near them or we would also be shot. Ranbir @ Dallu, Devender @ Dhilla, Jasbir and Madan Lal started firing from their respective weapons at my brother Sanjay Sarpanch who fell down upon receipt of gun shots. Thereafter, all of them went away with their weapons in their cars. When we went near Sanjay, we saw that he was having gun shot injuries on his head, mouth, shoulders, chest, belly, thighs and on both of his hands. Empty cases of cartridges and pellets were lying there and blood was spattered at the spot. I left Rajbir and Nirmala at the spot and informed relatives and members of the family and also the police on phone and came back at the spot where you have reached. I have made my statement. Ranbir is a criminal type of person and is a gang leader against whom several criminal cases are registered at many police stations. Ranbir, Jasbir, Devender @ Dhilla, Madan Lal, Devender and one unknown young boy have murdered my brother Sanjay with their common intention due to grudge about elections.

4. Upon conclusion of investigation, challan was presented initially against the accused Madan Lal, Fateh Singh, Jasbir Singh, Devender @ Dilla, Ranbir @ Dallu and Devender Kumar on 25.7.2009 in the Court of JMIC, Sonepat, who committed the case to the Court of Sessions vide order dated 21.8.2009. Subsequently, a supplementary challan was filed against co-accused Surender on 17.11.2009 which was also committed to the Court of Sessions vide order dated 8.12.2009. Accused Satyawan could not be arrested and was declared a proclaimed offender.

7. PW-7 Dr. Manju Arora who had conducted the post-mortem examination on the dead body of Sanjay proved the post-mortem report as Ex. PK and opined that the cause of death of deceased was shock and haemorrhage due to injuries on vital organs which were ante mortem in nature and sufficient to cause death in ordinary course of nature.

8. PW-4 Kishna stated that he had found a mobile phone lying on the railway track which he handed over to the police. PW-6 Asgar Ali stated about recovery of another mobile phone. PW-17 Anil Kumar Khosla, Criminal Ahlmad to Metropolitan Magistrate, Saket Court, Delhi produced original file pertaining to FIR No.210/09 dated 2.6.2009 under Section 25 of Arms Act, Police Station Vasant Kunj, Delhi. PW-26 Ram Parkash, Reader to District Magistrate, Sonepat proved the sanction letter Ex.PU/3 pertaining to sanction for prosecuting Surender under the Arms Act. PW-37 Om Parkash, Patwari proved the scaled site plan Ex.PW37/A of the place of occurrence which had been prepared by him at the instance of police.