RAMPAL Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the impugned judgment dated 27.08.2009 in Sessions Case 229/2006, FIR No. 53/2004, P.S. Narela, vide which the appellant and his co-accused Dharambir have been convicted for the offence of committing the murder of Sanjay Kumar under Section 302/34 IPC as also against the consequent order on sentence of the even date, sentencing the appellant and co-accused Dharambir to undergo imprisonment for life and to pay fine of Rs. 5000/- each, in default to undergo further RI for six months.

(2.) As per the prosecution story, Sanjay Kumar (hereinafter referred to as 'deceased') and the complainant Anil Kumar (PW17) were brothers who were running a grocery shop at Shivaji Nagar, Narela. The deceased used to collect payment from the customers. On 08.02.2004, at around 6 pm, the deceased left to collect payment from their customers on scooter No. DL-8SE-1595. On the same day at around 7.30 pm, when the complainant was going to his house, he met the deceased near the gate of Shivaji Nagar. The deceased was on his scooter and accused Dharambir was sitting on the Pillion. The appellant Rampal was also present there on another scooter No. DL-8SL-6363. The deceased told the complainant that appellant Rampal was taking him to Swatantar Nagar for collection of some payment. Thereafter, the complainant went to his house and the deceased left with the appellant and co-accused Dharambir. The deceased did not return home that night. On the next day, i.e. 09.02.2004, when the deceased still had not returned, the complainant and his father, alongwith 3-4 other persons went to the police station to lodge a missing persons report with regard to the deceased. At the police station, the duty officer told them that a dead body of around the same age group as his brother has been found near Bharat Mata School on Bawana Road and suggested that they should go there for identification of the dead body.

(3.) The complainant Anil Kumar (PW17), alongwith his father reached near Bharat Mata School and on reaching there, they were met with several police officers, including the Investigating Officer SHO Mahipal Singh (PW19), who had reached at the spot on receipt of DD No. 2A recorded at P.S. Narela. The complainant identified the dead body as that of his brother. The Investigating Officer recorded the statement Ex.PW17/A of the complainant, wherein PW17 Anil Kumar detailed the above mentioned facts and expressed his suspicion against the appellant Rampal and his co-accused Dharambir. The Investigating Officer put his endorsement Ex.PW19/A on the said statement and sent it to the police station through Constable Shiv Bodh for the registration of the case. On the basis of the said rukka, the formal FIR was registered.