BUDHA AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants have been convicted by the Additional Sessions Judge, in Sessions Case No.42/10, by judgment dated 24.12.2011, for the offences punishable under Sections 302/120B/34 of Indian Penal Code, 1860 ("IPC") and also for the offence under Section 201/34 IPC, holding them guilty on the charge of having entered into a criminal conspiracy and, pursuant thereto, having committed the murder of Manoj Kumar son of Suraj Pal on or about 10.02.2009 in the rented house of appellant Sunder @ Raju (accused no.1) in gali no.10, Village-Saboli and, thereafter, having caused the evidence of the offence to disappear with the intention of screening themselves.

(2.) By order dated 10.01.2012, the trial court awarded imprisonment for life with fine of Rs.10,000/-, on the first count and rigorous imprisonment for four years with fine of Rs.3,000/- on the second count to each of the appellants, directing that the substantive sentences shall run concurrently and that in default of payment of fine, they shall undergo further simple imprisonment for three months and one month respectively.

(3.) Manoj Kumar (the deceased) son of Suraj Pal (PW2), aged about 23 years, resident of village-Ginora P.S. Khanpur District-Bulandshehar, Uttar Pradesh, had been engaged in the year 2008-09 by a private company Simplex Infrastructure Limited (office at 82-83, Baikunth, Second Floor, Nehru Place, New Delhi) as driver of tractor no.UP-13P- 8605, owned by his father (PW2) in connection with contract relating to a project of Commonwealth Games, at a site behind Shanti Van, near PAC Camp, Delhi, which falls within the jurisdiction of P.S. Kotwali (Central District) Delhi. After completing his duty on 10.02.2009, he did not return home and was reported, by his maternal uncle Nem Pal (PW19), to be missing with the tractor. On 14.02.2009, the tractor was found parked on a vacant plot of land owned by one Jai Karan in C-Block Pratap Nagar, close to the area of P.S. Loni (U.P.) adjacent to the jurisdictional area of P.S. Harsh Vihar (North-East District), Delhi. On 17.02.2009, his dead body was found on the side of railway line behind house of one Naval Singh in village Saboli, which falls within the jurisdiction of P.S. Harsh Vihar (North-East District), Delhi.