DIDAR SINGH @ DARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two appeals impugn common judgment and order of the High Court dtd. 6/12/2012 passed in Criminal Appeal No. 941 of 2008, whereby the appeal of the appellants against the judgment and order of the Trial Court, dtd. 27/11/2008, in Sessions Case No.32 of 2008, convicting and sentencing the appellants under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860, was dismissed.

(2.) On 25/5/2004, at 09:45 AM, PW-1, father of the deceased, lodged a first information report (for short, FIR) at Police Station Assandh, inter alia, alleging that on 24/5/2004 at about 08:00 PM Ranjeet alias Jeeta (Appellant in Criminal Appeal No. 786 of 2017) and Didar Singh (Appellant in Criminal Appeal No. 1148 of 2013) came, and took his son Mohinder (the deceased) on their motorcycle. The deceased did not return thereafter. The next morning, when PW-1 and members of his family went looking for the deceased, they found the dead body of the deceased lying face up in a field owned by Sardar Baksha Singh, near the bus stand on GT Road, Karnal, at village Thari. Injuries were noticed on the head and there were scratches on the toe and legs, indicating that the body had been dragged. In the FIR suspicion was expressed against the appellants and one Kaka (nephew of Ranjeet).

(3.) The third accused Kaka was declared a juvenile, and therefore, his trial was separated. Later, he was found not guilty.