DEVENDER SINGH Vs. STATE

JUDGEMENT

(1.) These three appeals are directed against the judgment dated 23.03.2012 and order on sentence dated 24.03.2012 whereby the Appellants Ramesh Singh Bisht, Devender Singh and Rakesh Kumar Chaudhary were convicted in Sessions Case No.155 of 2009 for the offence punishable under Section 302/201 read with Section 34 of the Indian Penal Code (IPC). They were sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs. 2,000/- each and in default to undergo RI for a period of six months for the offence punishable under Section 302 read with Section 34 IPC. They were further sentenced to undergo RI for a period of three years and to pay fine of Rs. 1,000/- each and in default to undergo RI for a period of three months each for the offence punishable under Section 201 read with Section 34 IPC.

(2.) We shall first advert to the facts.

(3.) On 09.02.2008, at about 11:14 a.m., DD No.15-A was recorded in Police Station (PS) Samai Pur Badli (SP Badli) to the effect that a dead body was lying near the railway track between ganda nala and the road. The DD entry was assigned to ASI Sugan Lal. Simultaneously, information was also transmitted to Inspector Sanjeev Kumar (PW-17), SHO of the Police Station. ASI Sugan Lal (PW-14) reached the spot and in the meanwhile Inspector Sanjeev Kumar (PW-17) also reached there and noticed that a naked dead body with its legs tied with a wire, wrapped in a black and gray coloured blanket was lying in a cardboard box. Inspector Sanjeev Kumar made inquiries about the dead body but the deceased could not be identified. Inquest proceedings were held. A rukka was sent to the PS for registration of a case for the offence punishable under Sections 302/201 IPC. Crime team was summoned at the spot.