LAWS(SC)-2015-2-67

SANJEEV Vs. STATE OF HARYANA

Decided On February 19, 2015
SANJEEV Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 24.5.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 827-DB of 2002 whereby conviction and sentence recorded by the Additional Sessions Judge (FTC), Sonepat against the appellant under Section 302 of Indian Penal Code (IPC) has been affirmed.

(2.) We have heard learned counsel for the parties and perused the record.

(3.) Prosecution story, in brief, is that PW-9 Raj Singh, resident of Village Hassanpur, had three brothers. Raj Pal @ Pale (deceased) was younger to him. All the four brothers used to live separately. On 11.1.2000, Raj Singh had gone to Sonepat with his brother Raj Pal for some personal work. Raj Singh got held up in Sonepat, and Raj Pal left for the Village. Later, he (Raj Singh) also proceeded from Sonepat. At about 10.00 p.m., when Raj Singh on his way to Village Hassanpur, alighted from three-wheeler, at G.T. Road crossing, he noticed Sanjeev @ Gaja (appellant) with blood stained clothes fleeing from the side of Government tubewell towards Murthal bus stand. He (Raj Singh) could identify Sanjeev in the headlights of the vehicles, but did not have an idea that his brother (Raj Pal) had been murdered. After meals he went to bed. In the next morning, Shakuntala (wife of Raj Pal) came to him and told that Raj Pal had not reached home. On this, a search was made by Raj Singh and his another brother Ram Kumar regarding their missing brother. At about 9.00 a.m., they reached near water supply tubewell and noticed a man lying only with trousers. They went near to see the person and realized that their brother Raj Pal has been killed who was lying in the pool of blood. There were wounds on the forehead, nose and eye brows of the body. Shirt, sweater, slippers, etc. were lying at some distance. Suspecting that Sanjeev @ Gaja might have killed or helped someone killing Raj Pal, he went to the police post and gave First Information Report (Ex. PG/1) on 12.1.2000 at 10.40 a.m.