PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The sole appellant along with accused Balwinder Singh alias Binder was convicted by the trial Court under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life. On appeal being preferred by the convicted persons, the High Court of Punjab and Haryana has confirmed their conviction and sentence.

(3.) The prosecution case, in short, is that on 9th July, 1994, the accused persons approached one Satish Kumar (P.W. 10), in charge of the Golden Taxi Stand, Amritsar for hiring a taxi from that place for going to Bhatinda and they boarded the taxi which was driven by one Shamsher Singh alias Shera and they were having with them an unknown girl. On the next day, i.e., on 10th July, 1994, around 8.00/8.30 a.m., when Mahavir Singh (P. W. 6), owner of Saharan Hotel situated at Dabwali, came to his hotel, the waiter-Vijay Kumar is said to have told him that on that day at about 1.15 a.m., three customers came to the hotel in a Maruti car and they were allotted room No.5 and at about 4.30 a.m., two of them went away saying to Vijay that their uncle, i.e., the driver was sleeping inside the room and in case he required anything, the hotel staff should supply him the same and they will be returning after some time but never returned. At about 11.00 or 11.30 a.m., due to failure of power supply, Mahavir Singh (P.W. 6) asked Vijay Kumar to get the door of room No. 5 opened as it was hot. Vijay Kumar knocked at the door of room No. 5 but nobody responded from inside. Then he again knocked but still there was no answer whereafter Vijay Kumar saw through a hole of the cooler that one person was lying on the double bed. He brought a duplicate key, original of which was taken away by two of the occupants referred to above, opened the door and found the person, lying on the bed in injured condition, dead. On the same day, i.e., on 10th July, 1994 at about 2.55 p.m., Mahavir Singh (P.W. 6) lodged the first information report against unknown persons.