KHURSHID & ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 13/03/2007, passed by High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.749-DB of 2003 affirming the order of conviction and sentence dated 5/6.9.2003 passed by the learned Additional Sessions Judge (Fast Track Court),Gurgaon in sessions Case No.68 of 2001/2003 for the offences punishable under Sec. 364/302/201 read with Sec. 34 Penal Code and sentenced each of the appellants to suffer rigorous imprisonment for life and to pay fine of Rs. 2000.00, and, in default, to suffer further rigorous imprisonment for one year under Sec. 302/34 IPC. Be it noted, the learned trial Judge had imposed separate sentences in respect of other offences which has been affirmed by the High Court.

(2.) The prosecution case as unfolded is that an FIR was lodged on 11/12/2000 alleging that the appellants along with others had abducted two persons namely, 'Kali' and 'Kasam'. They all took the brother-in-law, the informant, and others who tried to save the two persons who were abducted by the accused persons but the effort went in vein. They were taken by the accused-appellants on 5.12.2000 and thereafter out of fear, the information could not be lodged but was ultimately it lodged on 11.12.2000. The horrible part of the crime came to light when two headless bodies were found and were identified by the relatives and the villagers to be that of the deceased persons 'Kali' and 'Kasam'.

(3.) The investigating agency proceeded with the investigation, examined the material witnesses and after completing all the formalities submitted the charge sheet before the learned Magistrate who in turn committed the matter to Court of Session. The prosecution examined number of witnesses and got series of documents marked as exhibits and brought certain material objects on record. The learned trial Judge upon analysing the evidence on record came to hold that the whole case rested on circumstantial evidence and the chain was complete and accordingly convicted the appellants.