PRADEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The sole appellant herein was tried along with another accused for the murder of one Samsher Singh and convicted under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 for murder and sentenced to rigorous imprisonment for life by the Trial Court(The Additional Sessions Judge Kaithal in Sessions Case No. 43 of 2004 dtd. 31/8/2007). In appeal, the High Court of Punjab & Haryana,In Criminal Appeal No. 805-DB 2007 dtd. 5/9/2009. by the judgment impugned herein dismissed the appeal and confirmed the conviction and sentence. Thus, the present appeal.

(2.) The case of the prosecution is that while the Assistant SubInspector Balbir Singh, later examined as PW-21 was with other police officials on duty at Deyod Kheri Village, Jind-bypass road, Kaithal, on 11/4/2004, the complainant-Sunil Kumar Bhura (later examined as PW-20) met him and got his statement (EX.PY) recorded. The statement had that he is a resident of Nehru Garden Colony, Kaithal and the deceased-Shamsher Singh is related to him, being son of his paternal aunt. PW-20 was in business of real estate and was living in Adarsh Nagar, Kaithal. The previous day, that is on 10/4/2004, when PW-20 was in the office of the deceased along with one Balwant Singh (PW-18), the deceased received a call on his mobile phone at about 9.15 PM. A little thereafter, that is about 9.30 PM, the deceased received another phone call. After conversing on the mobile phone, the deceased informed them that he has to go to Gole Market and left on his motorcycle. The complainant and Balwant Singh also left the shop of the deceased. In the morning, the deceased's wife informed PW-20 that the deceased had not returned the previous night. On receiving the said information, PW-20 and PW-18 reached the house of the deceased and thereafter went on a search for the deceased.

(3.) When PW-20 got the information that a dead body was found lying, he along with PW-18 and one Mr. Naresh (PW-13) reached the spot and saw that the deceased lying there, with his throat having knotted with some cloth, and the right eye being badly injured. They also noticed some injuries on the head of the deceased. The motorcycle of the deceased was parked by the side. While Naresh and PW-18 remained at the spot, PW-20 had come to inform the police about the incident and his statement was thus recorded and read over to him by the investigating officer (PW-21) with his endorsement at Ex. PW-21/1. After the FIR was registered, PW-24 took over the investigation and recorded the statements of witnesses.