RAVINDER KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The two appellants, namely, Ravinder Kumar and Surinder Kumar, who are real brothers, have been convicted under Section 302/34, 364, 201 read with Section 511 of the Indian Penal Code by the learned Sessions Judge Ludhiana, for causing the murder of Amar Kumar Gupta, a broker. Both of them have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/- each under Section 302 read with Section 34 of the Indian Penal Code. In default of payment of fine each of them has been sentenced to undergo further rigorous imprisonment for three months. They have also been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 300/- each under Section 364 of the Indian Penal Code. In default of payment of fine each of them has been sentenced to undergo further rigorous imprisonment for two months. They have further been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/- each under Section 201 read with Section 511 of the Indian Penal Code. In default of payment of fine each of them has been sentenced to undergo further rigorous imprisonment for one month. However, they were acquitted of the charge under Section 404 of the Indian Penal Code. The substantive sentences of imprisonment have been ordered to run concurrently.

(2.) Amar Kumar Gupta, the deceased, had dealings with the appellants as the latter were doing the business of yarn and the deceased was their broker. A sum of about Rs. 1,00,000/- was due to be paid to Amar Kumar Gupta by the appellants as brokerage charges. There was a bad blood between the two sides on that account. On 2nd February, 1994, Mohan Lal Jain P.W.8, husband of the sister of the wife of Amar Kumar Gupta, who had come from Pilibhit, allegedly left Amar Kumar Gupta at the place of the appellants on a scooter. However, Amar Kumar Gupta, did not return during the night. His wife Veena Gupta P.W.6 kept on waiting. The relations of deceased i.e. Mohan Lal Jain and others kept on searching the deceased on 2nd and 3rd of February, 1994. On 4th of February, 1994, it was revealed that the appellants brought a wooden box for booking at Railway Station, Ludhiana, which was ultimately found to be containing the dead body wrapped in a glazed paper in the presence of Naval Singh, P.W.7, Surinder Singh, P.W.10 and Santokh Singh P.W.11, the Railway employees. The wooden box was allegedly brought by the accused in the ricksaw of Daya Ram P.W.5.

(3.) It was in the aforesaid circumstances that on 4.2.1994, Inspector Boota Ram, P.W.17, the Station House Officer, G.R.P.S. Ludhiana, received a message Ex. PG from the Chief Parcel Superintendent, Railway Station, Ludhiana, about the suspected box lying at the Railway Station and on its basis he made an entry in the Daily Diary Register. He went to the place where the parcel was lying. The box was found to have been booked "To-self Arun K.G. New Delhi". The Inspector approached the railway authorities and recovered the dead body of Amar Kumar Gupta from the said box in the presence of Naval Singh P.W.7, Dinesh Kumar P.W.9, Balbir Kumar and Vinod Kumar alias Nodhi etc. The dead body of the deceased was photographed. The photographs are Ex. P.45 to P.47 and the negatives are Ex. P.48 to Ex. P.50. Ruqa Ex. PL was sent to the G.R.P.S. Ludhiana and on its basis formal FIR Ex. PL/1 was recorded at 1.45 A.M. The special report reached the Ilaqa Magistrate on 4.2.1994 at 3.00 P.M. He also prepared inquest report Ex. PC and sent the dead body for post-mortem. He also took into possession wooden box E.P. 1, two pieces of glazed papers Ex. P.7 and P.8, 17 pieces of gunny Tat Ex. P.9 to Ex. P.25, cotton Ex. P.26 and 12 pieces of iron strips Ex. P.27 to Ex. P.38 vide memo Ex. PJ. He prepared rough site plan Ex. PM of the place from where the dead body contained in the wooden box was recovered.