RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred, aggrieved by the judgment and order dated 06th December 2016 passed by the High Court of Punjab and Haryana at Chandigarh, confirming the conviction recorded and sentence imposed, for the offence punishable under Section 302 read with Section 34 of Indian Penal Code (IPC) and under Section 25(1B)(a) of the Arms Act, 1959, by the learned Sessions Judge, Bhiwani.

(3.) On 07.08.2010 a telephonic message was received in Police Station, Charkhi Dadri from one Jaswant Singh, resident of Village Kaliyana, to the effect that in the pit of panchayat land adjoining Kaliyana-Jhojhu road towards hill, dead body of a young boy was lying. After receiving the said information, the Inspector of Police/SHO of the Police Station along with other police officials reached the spot for investigation. After reaching the place of occurrence, they found a dead body of an unknown person with fire arm injury marks. At the place of occurrence, two empties of brass having marka of 8 MM PF on their bottom were recovered along with a pair of chappals. Blood-stained earth was collected from the spot and converted into sealed parcels. The complainant Jaswant Singh who was examined, during the trial, as PW-6 was present and his statement was recorded. The inspecting officers have found marks of dragging of the deceased on the kacha road which was going towards hill; there were also marks of tyres of a small vehicle. On checking of the dead body by the police, they have noticed two fire-arm shots on both sides of waist and there was a deep wound on the back of right ear and left jaw of the mouth was cut. The dead body was smeared with blood and they suspected, some unknown persons have brought the deceased in a vehicle and committed murder by causing fire arm injuries. On the complaint of Jaswant Singh (PW-6) a crime was registered in FIR No.297 on 07.08.2010 for the offence punishable under Section 302 read with Section 34, IPC and Section 25 of the Arms Act.