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4. One Umed Singh son of Mahi Ram [PW14], while waiting near Borstal Jail, Hisar for a conveyance at 4:00 A.M on 16.12.1994 (morning) had seen A1, A2, Chander Bhan and A3 going in an auto rickshaw. It is the prosecution’s version that all of them went to an abandoned house in Adarsh Nagar at Hisar, wherein Chander Bhan (deceased) was shot by the aforesaid accused.
5. Thereafter, A1 and A2 took injured Chander Bhan to the City Civil Hospital, Hisar for treatment. It is alleged that in the meanwhile A3 tried to hide the gun. It is born from the record that Chander Bhan succumbed to his injuries 20 minutes after he was admitted to the aforesaid Hospital on 16.12.1994.
6. Thereafter, accused A2 went to the Police Station, Sadar Hisar, for registration of a complaint against Umed Singh son of Beg Raj, Dharam Pal son of Beg Raj [Sarpanch] and Dharambir for the death of Chander Bhan. Accordingly, FIR was filed before the police being FIR No. 736/ 1994, dated 16.12.1994, based on the accused A2.
7. As per the narration of accused A2, on 16.12.1994, at about 4:30 A.M, the Chander Bhan (deceased), A2 and A1 were going to Chandigarh on foot. On reaching a few kilometers ahead of the village Sundawas, they spotted a jeep coming towards them. One of the occupants Umed Singh son of Beg Raj, raised lalkara that enemies were going and they should be taught a lesson for helping Maha Singh in the elections. Dharampal and Umed Singh sons of Beg Raj and Dharambir alighted from the jeep and Dharam Pal son of Beg Raj, who was armed with a pistol, shot Chander Bhan in his stomach and ran away. It is alleged that A 1 and A2, who escaped the firing, rushed Chander Bhan to the City Civil Hospital, Hisar, where he succumbed to his injuries.
10. It may be noted that Zile Singh produced all the accused before the Police and thereafter the accused identified the place of occurrence. By virtue of such disclosure statements made by the individual accused persons, the police are alleged to have recovered a licensed gun, cartridges, pellets, some concrete material from the khurli found in the house at Adarsh Nagar, Hisar. Based on the aforesaid complaint, Bhim Singh, S.I to the P.S Sadar, Hisar, registered a case under Sections 25, 30, 54 and 59 of Arms Act, being FIR No. 743 [Ex. PZ/1], against Lachman Singh [A4] and A3.
Appellantaccused has extensively placed reliance on the aforesaid statement, to point that the statement of PW13 was ridden with improvements, which questions the reliability and credibility of her statements. The consequence of the same, will be discussed at a later stage.
26. PW14 (Umed Singh son of Mahi Ram), states that he belongs to the village of Sundawas. On 15.12.1994, after casting his vote, he returned to Hisar in the evening for purchase of seed and fertilizers. Following morning, at about 4 AM, while he was standing near the Borstal Jail, Hisar, waiting for a bus to go back to his village Sundawas. Around that time, one auto rickshaw came from the side of Hisar City and stopped near him. The occupants of the autorickshaw were accused A1, A2, A3 and Chander Bhan. He states that accused A3 was holding a single barrel gun in his hand. When the occupants enquired about him, he replied to them that he was waiting for the conveyance to go back to his village and the occupants of the auto supposedly told him that they were going for some urgent work.