SAROJ Vs. STATE

JUDGEMENT

(1.) Instant appeals have been preferred against the judgment and order dated 11.01.2008 convicting the appellants for the offence punishable under Section 302 read with Section 34 IPC and for the offence punishable under Section 201 IPC. For the former offence, the appellants have been sentenced to undergo imprisonment for life and for the latter to undergo RI for a period of one year. The third accused namely Sri Niwas was not committed to trial since he was declared a Proclaimed Offender.

(2.) On 31.07.2005 at about 5:45 AM Anwar PW-2 made a call from his shop at No.100 and informed that a dead body was lying near railway level crossing, Bakner, the same information was received by Ct.Satender Kumar PW-1 posted in PCR which is Ex.PW-1/A. Information was passed on to police station Narela by Ct.Satender Kumar. Police Station Narela registered DD No.30-A, the same is Ex.PW-19/A.

(3.) The investigation of the case was entrusted to SI Ishwar Singh PW-14 who reached at the spot and noticed that a dead body was lying near the railway level crossing (phatak), Lampur Road. He was accompanied by HC Saheb Singh PW-18. Meanwhile, SHO Inspector Manohar Singh PW-19 reached the spot and started investigation. HC Kanwal Singh PW-12 was present at the spot. PW-19 recorded the statement of HC Kanwal Singh which is Ex.PW-12/A and sent Rukka Ex.PW-19/B for registration of the FIR, Ex.PW-4/A