MEMBER SINGH Vs. STATE

JUDGEMENT

(1.) Member Singh, Amar Pal and Pappu have filed these appeals challenging their conviction under Sections 302 and 406 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) in Session Case No. 162/2007 arising out of FIR No. 189/2004, Police Station, Rohini for murder of Arjun Singh, driver of tempo bearing registration No. DL 1LD 2857. They have been sentenced to life imprisonment and fine of Rs.3,000/- each for the offence under Section 302/34 IPC and rigorous imprisonment of two years for the offence under Section 406 IPC.

(2.) In the charge sheet brief case of the prosecution was that FIR No. 189/2004 dated 1 st March, 2004 was registered under Section 365 IPC on a complaint (Exhibit PW-7/A) made by Pardeep Kumar (PW-7) that his tempo driven by Arjun Singh was hired by an unknown to transport buffaloes to Aligarh and return back with potatoes. At the time of departure, PW-7 had noticed that two more persons were sitting in the tempo apart from the man who had hired it. The tempo and the driver were to return on 25 th February, 2004 but did not return. He tried to search Arjun Singh but he could not be located. On 1 st /2 nd March, 2004, PW- 24, SI Naresh Bhatia went to SSP's office, Aligarh with his staff and photographs of unidentified bodies were shown to the relatives of Arjun Singh. One photograph of a body was identified as that of Arjun Singh. The said body was found in an area under the jurisdiction of Police Station, Ghonda, U.P. At Police Station, Ghonda, U.P. SI Yatender Kumar, PW-15 and SI Baldev Prasad, PW-18 showed photographs and clothes of the deceased and were identified by the relatives. The tempo could not be located.

(3.) As far as the homicide death of the deceased Arjun Singh is concerned, an unidentified body was found on 25 th February, 2004 at about 9 10 A.M. in a field located at village Arania, District Aligagh, Police Station, Gonda, U.P. The recovery of the unidentified body is proved by the statement of PW-8, Sham Lal, owner of the said field. PW-5 Prem Singh, PW-6 Jitender Singh, PW-9 Chander Pal Sharma and PW-10 Ashok Kumar are other villagers who have testified and have mentioned about discovery of an unidentified dead body. Thereafter, information regarding the dead body was conveyed by PW-9, Chander Pal Sharma to local Police Station, Ghonda and panchnama Exhibit PW-9/A was prepared. On the basis of the same, FIR No. 11/2004 under Section 302/201 IPC was registered as per the statement of PW- 12, Constable Gaya Saran Singh, Police Station, Ghonda. PW2 Ct. Gaya Saran, PW14 Ct. Satbir, PW15 SI Yatender Kumar and PW18 SI Baldev Prasad have also deposed on recovery of the body. At that time, the dead body could not be identified to be that of Arjun Singh. Recovery, was treated and regarded as that of an unidentified/unknown person.