MOHD. RIJWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Sessions Court convicted the appellant-accused for the offences punishable under Ss. 302 and 201 read with Sec. 34 of the Indian Penal Code, 1860 (for short, 'IPC'). He was sentenced to undergo life imprisonment for the offence punishable under Sec. 302 read with Sec. 34 of IPC. He was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Sec. 201 read with Sec. 34 of IPC. His conviction and sentence have been confirmed by the High Court by the impugned judgment.

(2.) One Chander Bhushan (PW-10) is the complainant. He is the brother of the deceased Vidya Sagar alias Bhushan. He complained that at about 02:00 p.m. on 17/2/2004, the deceased had gone to the factory by his motorcycle but did not return. Therefore, on 22/2/2004, the complainant filed a missing complaint.

(3.) The prosecution's case is that on 17/2/2004, the deceased and the appellant consumed liquor. Thereafter, the appellant accompanied the deceased on his motorcycle. The appellant was driving the motorcycle, and the deceased was a pillion rider. The motorcycle met with a minor accident in which Pyare Lal (PW-6) suffered a minor injury. When PW-6 cried for help, Hari Chand Sharma and others came there, and at their intervention, the matter was settled with the appellant. Accordingly, the appellant paid a sum of Rs.50.00 to PW-6 for buying the medicines. Thus, PW-6 is the witness to prove the theory of last seen together.