NAVEEN Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 03.09.2014 of learned Addl. Sessions Judge in Sessions Case No.04/2014 arising out of FIR No.208/2009 PS S.P. Badli by which Naveen (A-1) under Sections 304 Part-I/201 Penal Code and Sunita (A-2) under Sec. 201 Penal Code were held guilty, they have filed the instant appeals. By an order dated 06.09.2014, A-1 was sentenced to undergo RI for ten years with fine Rs.5,000.00 under Sec. 304 Part-I Penal Code and RI for three years with fine Rs.2,000.00 under Sec. 201 IPC; A-2 was sentenced to undergo RI for three years with fine Rs.2,000.00 under Sec. 201 IPC. The sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the chargesheet was that on 18.08.2009 at Kale Ka Makan, Mahaveer Park, Gali No.1, Bahadurgarh Jhajjar, A-1 inflicted injuries to Anil Kumar and committed his murder. Subsequently, A-1 and A-2 in furtherance of common intention removed victim's body from the spot and threw it near Bawana canal, behind DTC Depot, Sector 18 Rohini with an intention to cause disappearance of the evidence and to screen themselves from legal punishment.

(3.) On 20.08.2009 at about 06.55 a.m. PW-8 (Jai Bhagwan) noticed a dead body lying on the banks of Bawana canal in a jute bag. He made call at 100; PCR van reached. On receipt of DD No.5A (Ex.PW- 13/A) SI Ashok Kumar along with Const.Joginder reached the spot. Crime team was called; photographs were taken. On search of the body, one black colour purse was recovered containing driving licence and RC in the name of Anil Kumar. PW-7 (Vinod Kumar) identified it to be the body of his brother Anil Kumar. Post-mortem examination on the body was conducted. Statements of the witnesses conversant with the facts were recorded. A-1 and A-2 were arrested vide arrest memos (Ex.PW-27/B and Ex.PW-27/A). Their disclosure statements (Ex.PW-27/F and Ex.PW-27/E) were recorded. Pursuant to the disclosure statements, certain recoveries were effected. Test Identification Proceedings were conducted for identification of the gold ring recovered at A-2's instance. Upon completion of investigation, a charge sheet was filed against the appellants in the Court. In order to establish its case, the prosecution examined thirty-four witnesses. In 313 Crimial P.C. statements, the appellants denied their involvement in the crime and pleaded false implication. The appellants examined DW-1 (Karambir) in defence. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeals have been preferred by the appellants.