Anil vs State Of Haryana

The deceased and Manjit, brother of the appellant, were studying together in the same college. They were, however, not on speaking terms. Altercations had also taken place between the deceased and the appellant during Panchayat elections. Appellant thereafter had allegedly been threatening him. A First Information Report was lodged by Rajpal Singh, uncle of the deceased to that effect. The wedding of his niece had been fixed on 17.02.2002. The marriage celebrations had been going on. Appellant and Manjit, however, took objections to the singing etc. by the ladies, and they used to threaten them. On that account their festive mood would be turned into grief. On 14.02.2002 at about 8 p.m. Rajpal came out of his house. Appellant accosted him asking why such a noise in the neighbourhood was being made. He ignored him and continued walking. Dharmpal father of the appellant made a remark that it did not matter as he would come back by the same way. He was returning home at about 11 p.m. when Dharmpal caught hold of him. Appellant came at the spot armed with a gun. They started beating him. Rajpal called out for his nephew (Dinesh) and as soon as he opened the door, a shot was fired by the appellant at him. Almesh, another nephew (PW-10) of the first informant was also following Dinesh. He also witnessed the occurrence. Appellant, his father and brother went inside his house. After some time, however, the appellant came out with his brother Manjit and started walking. Dharmpal fired shots in the air.

3. Rajpal started proceeding to the police station which was about 11 kms. from the village. On his way, however, he met Satpal Singh Sub- Inspector of Police at about 2.00 a.m. and informed him about the incident. The First Information Report was recorded at about 3.10 a.m.

4. In the trial, the prosecution inter alia examined Rajpal (PW-8) and Almesh (PW-10). On the basis of the evidence brought on record by the prosecution, while acquitting Dharampal and Manjit, the learned Sessions Judge found the appellant guilty of committing murder of Dinesh. He was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-. He was also sentenced to undergo imprisonment for a period of two months and to pay a sum of Rs. 1,000/- as fine under Section 27 of the Arms Act. As noticed hereinbefore, the High Court has affirmed the said judgment of conviction and sentence

12. The incident had taken place at about 11 p.m. The First Information Report was recorded at about 3.10 a.m. A death had occurred. The dead body was lying in the house. The first informant and other had also been threatened.

19. We, therefore, cannot accept the submission of Mr. Gupta that PWs 8 and 10 are not reliable witnesses.

23. The High Court, in our opinion, cannot be said to be wrong in affirming the judgment of conviction of the appellant and acquittal of the other passed by the learned Sessions Judge. In a case of this nature, sharing of common intention with the appellant by Dharmpal and Manjit for commission of the murder of Dinesh cannot be held to have been established.

30. For the reasons aforementioned, there is no merit in this appeal which is dismissed accordingly.