{"id":223858,"date":"2009-01-30T00:00:00","date_gmt":"2009-01-29T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-satbir-and-others-on-30-january-2009"},"modified":"2016-12-25T07:43:28","modified_gmt":"2016-12-25T02:13:28","slug":"state-of-haryana-vs-satbir-and-others-on-30-january-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-satbir-and-others-on-30-january-2009","title":{"rendered":"State Of Haryana vs Satbir And Others on 30 January, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
State Of Haryana vs Satbir And Others on 30 January, 2009<\/div>\n
           Crl.Misc.No.649-MA of 2008                    -1-\n\n            IN THE HIGH COURT OF PUNJAB AND HARYANA\n                          AT CHANDIGARH\n\n                        Crl.Misc.No.649-MA of 2008\n\n                        DATE OF DECISION: JANUARY 30, 2009\n\n\nState of Haryana\n                                                     .....APPELLANT\n                              Versus\n\n\nSatbir and others\n                                                     ....RESPONDENTS\n\n\nCORAM:     HON'BLE MR.JUSTICE SATISH KUMAR MITTAL\n           HON'BLE MRS. JUSTICE DAYA CHAUDHARY\n                         ---\n\nPresent:    Mr.P.S. Sullar, DAG, Haryana,\n            for the applicant-appellant.\n                   ..\n\nSATISH KUMAR MITTAL, J.\n<\/pre>\n
            The State of Haryana has filed this application under Section<\/p>\n
378(3) of the Code of Criminal Procedure for grant of leave to appeal from<\/p>\n
the judgment of acquittal dated 28.8.2008 passed by the Additional Sessions<\/p>\n
Judge, Gurgaon in Sessions Case No.16 of 4.6.2008\/12.12.2006 titled as<\/p>\n
“State Versus Satbir and others” arising from FIR No.485 dated 12.9.2005<\/p>\n
under Sections 307\/120-B IPC and 25\/54\/59 of the Arms Act, Police Station<\/p>\n
Sadar, Gurgaon.\n<\/p>\n
            In the present case, the aforesaid FIR was registered on the<\/p>\n
basis of the statement made by PW5-Ajay Kumar, resident of village Palda<\/p>\n
in which it was alleged that on the date of the occurrence i.e. 11.9.2005<\/p>\n
around 6.30 p.m., he along with PW10-Narpat (injured) was going on<\/p>\n
motorcycle to South City to deliver VCD at the shop of their friend<\/p>\n
approximately at 6.50 p.m. When they went towards park, then at that time
\n             Crl.Misc.No.649-MA of 2008                     -2-<\/span><\/p>\n
two unknown assailants, who were following them on motorcycle, came<\/p>\n
behind, and when they tried to escape towards the market, Narpat received<\/p>\n
bullet shots from behind and then from front side, and thereafter, the said<\/p>\n
assailants ran towards the market. The complainant took the injured to the<\/p>\n
hospital.\n<\/p>\n
             The injured remained hospitalised up to 22.9.2005. During his<\/p>\n
stay in the hospital, the statement of the injured was recorded on 15.9.2005.<\/p>\n
In the said statement, the injured did not give the name of any assailants. He<\/p>\n
had only stated that three unknown persons after firing gun shot at him ran<\/p>\n
away on Honda motorcycle. However, in that statement, he had stated that<\/p>\n
Dalip son of Jagmal, Suman wife of Shyam Bihari, Batni son of Raghubir<\/p>\n
and Bobby son of Om Parkash hatched a conspiracy to kill him after giving<\/p>\n
a sum of Rs.5 lacs to the unknown assailants.\n<\/p>\n
             During investigation, the second statement of the injured was<\/p>\n
recorded on 18.1.2006. In that statement, for the first time, the injured<\/p>\n
disclosed the names of Ravinder and Satbir as assailants. Subsequently,<\/p>\n
another supplementary statement of the injured was recorded under Section<\/p>\n
161 Cr.P.C. on 9.8.2006 in which he also named Anil as the third assailant.<\/p>\n
             After the investigation, accused Bobby, Batni and Suman were<\/p>\n
found innocent and challan was filed against Dalip, Satbir, Ravinder and<\/p>\n
Anil. On finding prima-facie case, accused Dalip, Satbir, Ravinder and Anil<\/p>\n
were charge-sheeted under Section 307 read with Section 120-B IPC and<\/p>\n
accused Ravinder in addition was charged for the commission of offence<\/p>\n
punishable under Section 25 of the Arms Act. The accused pleaded not<\/p>\n
guilty to the charges and claimed trial.\n<\/p>\n
             In order to prove its case, the prosecution examined 21<\/p>\n
witnesses. The complainant Ajay Kumar did not support the prosecution
\n             Crl.Misc.No.649-MA of 2008                       -3-<\/span><\/p>\n
version at all. Thereafter, the statement of the accused was recorded under<\/p>\n
Section 313 Cr.P.C., who pleaded false implication. In defence, the accused<\/p>\n
examined Shri Harish Dutta, ACP as DW1.\n<\/p>\n
             After taking into consideration the evidence led by the<\/p>\n
prosecution as well as the defence and appreciating the same, the trial court<\/p>\n
acquitted all the four accused while coming to the conclusion that<\/p>\n
prosecution has failed to prove the alleged offence against the accused<\/p>\n
beyond reasonable doubt. It has been held that in the initial version of the<\/p>\n
complainant the names of the assailants were not given. Similarly, when the<\/p>\n
statement of the injured was recorded on 15.9.2005, he did not give the<\/p>\n
names of any assailants. He categorically stated that three unknown<\/p>\n
assailants after firing gun shot at him ran away on Honda motorcycle. On<\/p>\n
that date, he has only named that Dalip son of Jagmal along with other<\/p>\n
accused hatched a conspiracy to kill him. The second statement was<\/p>\n
recorded on 18.1.2006 in which the injured named Ravinder and Satbir as<\/p>\n
accused and on the third statement, which was recorded after near-about one<\/p>\n
year, the name of Anil was mentioned as one of the accused. The trial court<\/p>\n
has come to the conclusion that initially the names of Ravinder, Satbir and<\/p>\n
Anil were not mentioned whereas it has come on record that accused<\/p>\n
Ravinder and Satbir are the residents of village of the injured. Therefore, it<\/p>\n
cannot be said that those two accused were not known to him. The trial<\/p>\n
Court has also noticed that it has also come in evidence that accused Anil<\/p>\n
was known to the injured prior to the date of occurrence, but his name was<\/p>\n
mentioned by the injured near-about after one year of the alleged<\/p>\n
occurrence. All these facts create a doubt in the mind of the trial Court.<\/p>\n
             The learned trial Court has further come to the conclusion that<\/p>\n
there is absolutely no incriminating evidence available on the record against
\n            Crl.Misc.No.649-MA of 2008                       -4-<\/span><\/p>\n
accused Dalip for the commission of the alleged offence. In this regard, it<\/p>\n
has been noticed that some complaint was filed by the members of the<\/p>\n
family of Dalip against injured Narpat and on account of the said complaint,<\/p>\n
in order to settle his old score, the name of accused Dalip was mentioned by<\/p>\n
injured Narpat. It has also come on record that accused Dalip and injured<\/p>\n
Narpat were challaned by the police under Sections 107\/151 Cr.P.C. It has<\/p>\n
been further noticed that on an application moved by Dalip, the matter was<\/p>\n
inquired into by DW1-Harish Kumar Dutta, ACP and during that enquiry<\/p>\n
Dalip was found innocent.\n<\/p>\n
            Further the complainant PW5-Ajay Kumar has not supported<\/p>\n
the prosecution version regarding identification and involvement of the<\/p>\n
accused for the alleged offence. He was declared hostile and in his cross-<\/p>\n
examination he has totally denied the presence of accused facing trial at the<\/p>\n
time of the alleged occurrence in which injured Narpat received injuries.<\/p>\n
The said witness has also admitted that accused Satbir and Ravinder were<\/p>\n
residents of their village. The learned trial Court has come to the conclusion<\/p>\n
that when PW5 did not support the prosecution version, the only remained<\/p>\n
evidence was the statement of injured Narpat, which was held to be not<\/p>\n
trustworthy, because on three occasions he gave different statements. It has<\/p>\n
been held that on the basis of the sole statement of injured Narpat, without<\/p>\n
any further corroboration, the conviction cannot be based. By taking into<\/p>\n
consideration all these facts and circumstances, the trial Court has acquitted<\/p>\n
the accused for the offence under Section 307 read with Section 120-B IPC.<\/p>\n
            As far as the offence under Section 25 of the Arms Act is<\/p>\n
concerned, the trial Court has come to the conclusion that the prosecution<\/p>\n
has fully proved the recovery of fire-arm from accused Ravinder. For that,<\/p>\n
he was convicted for the offence under Section 25 of the Arms Act and
\n             Crl.Misc.No.649-MA of 2008                      -5-<\/span><\/p>\n
sentenced to undergo rigorous imprisonment for the period which he had<\/p>\n
already undergone and to pay a fine of Rs.2500\/-.\n<\/p>\n
            After hearing the counsel for the applicant and going through<\/p>\n
the impugned judgment, we do not find any ground to grant leave to appeal.<\/p>\n
The trial Court in detail has appreciated each and every evidence led by the<\/p>\n
prosecution and thereafter came to the conclusion that those evidence was<\/p>\n
not sufficient to convict the accused for the offence under Section 307 read<\/p>\n
with Section 120-B IPC. In our opinion, no different view is possible from<\/p>\n
the evidence available on record, as has been taken by the trial Court. The<\/p>\n
trial Court has rightly not relied upon the evidence of injured Narpat, the<\/p>\n
only evidence, keeping in view various contradictions in his stand and other<\/p>\n
factors, particularly when all the accused were the residents of his village,<\/p>\n
but they were not named in the initial version given by injured Narpat.<\/p>\n
Merely because he had stated that he remained under threat, therefore, he<\/p>\n
did not disclose their names, has rightly not been believed by the trial Court,<\/p>\n
particularly when the injured was not a normal man but was a police official<\/p>\n
who had joined police in the year 1988. PW15-ASI Ram Kumar,<\/p>\n
Investigating Officer also admitted in his cross-examination that injured<\/p>\n
Narpat and Ajay Kumar had stated before him that assailants were some<\/p>\n
unknown persons and they were not residents of village Palda.<\/p>\n
            Thus, we do not find any ground to grant leave to appeal.\n<\/p>\n
            Dismissed.<\/p>\n
\n\n\n                                        (SATISH KUMAR MITTAL)\n                                                 JUDGE\n\n\n\nJanuary 30, 2009                        ( DAYA CHAUDHARY )\nvkg                                            JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court State Of Haryana vs Satbir And Others on 30 January, 2009 Crl.Misc.No.649-MA of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.649-MA of 2008 DATE OF DECISION: JANUARY 30, 2009 State of Haryana …..APPELLANT Versus Satbir and others ….RESPONDENTS CORAM: HON’BLE MR.JUSTICE SATISH KUMAR MITTAL HON’BLE MRS. JUSTICE […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-223858","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nState Of Haryana vs Satbir And Others on 30 January, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-satbir-and-others-on-30-january-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Haryana vs Satbir And Others on 30 January, 2009 - 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