ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) Since both these appeals have been preferred against a common judgment of conviction and order on sentence, therefore, both these appeals are taken together.

(2.) The present appeals have been filed by the convicts/ appellants (hereinafter referred to as "the appellants"), namely, Arun Kumar and Mahender Singh against the judgment dated 26. 04. 2016 rendered by the learned ASJ Sh. Anil Kumar in Sessions Case No. 23/2014 whereby the appellants have been convicted under Section 394 and 302/34 IPC, and against the order on sentence dated 05. 05. 2016 whereby the appellants have been sentenced to imprisonment for life along with fine of Rs. 20,000/- each, and in default of payment of fine, to further undergo six months rigorous imprisonment for the offence punishable under Section 302/34 IPC; and sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 5,000/- each and, in default of payment of fine, to further undergo rigorous imprisonment for three months for the offence punishable under Section 394 IPC.

(3.) The factual matrix emerging from the record is that on 26. 07. 2010 around 00:40 a. m. , on receipt of a missing report by Rajesh Singh in respect of Naresh Bhatti vide DD No. 3A (Ex. PW25/A), SI Arvind Kumar made efforts to trace the missing person i. e. the deceased. Later in the morning on 26. 07. 2010, information was received from Insp. Ashok of Police Station Sohna, Haryana that a dead body was found in the above said car near Palwal Road. The complainant Krishan Kumar proceeded to the spot. He identified and received the dead body of his brother Naresh Bhatti. Thereafter, the complainant Krishan Kumar got his statement recorded in the police station at 5. 10 p. m. on 26. 07. 2010. In his statement, Krishan Kumar stated that his elder brother Naresh Bhatti was working as Manager in the shop of his brother-in-law Rajesh Singh in the name and style of Sri Krishna Steel and Cement Store, situated at Plot No. 57, U Block, New Roshanpura, Main Gurgaon Najafgarh Road, Delhi. On 25. 07. 2010 at about 7 p. m. , Naresh Bhatti left the shop after closing it for his house, having Rs. 2 lakhs in cash, along with driver Arun who was employed 6-7 days back, in his car make Chevrolet Aveo bearing registration No. DL-2C AJ 1338. Since he did not reach home till late night, his brother-in-law Rajesh Singh informed the police about his going missing. Krishan Kumar-younger brother of the deceased raised his suspicion on driver Arun for the crime.