ASRUDIN @ HASRUDIN @ RAJU AND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 14.12.2006 of the Additional Sessions Judge, Patiala vide which he convicted Asrudin @ Hasrudin @ Raju son of Farzul and Shambhu Sharma son of Jyoti Sharma under Section 302 IPC and sentenced them both to undergo life imprisonment, further to pay a fine of Rs. 2,500/- each, in default of payment of fine to undergo three months rigorous imprisonment. Both accused Asrudin @ Hasrudin @ Raju son of Farzul and Shambhu Sharma son of Jyoti Sharma were also convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for two months each under Section 201 readwith Section 34 IPC. Accused Bahadur @ Mohd. Hussain and Daikua did not face trial and were declared Proclaimed Offenders by the learned trial Court.

(2.) The case of the prosecution is unfolded by the statement Ex.PB of Mukhtiar Singh PW3 given to Satnam Singh SI PW8 at Police Station Sadar Patiala. Mukhtiar Singh stated that he is a resident of village Kherki. Mukhtiar Singh stated he is in cultivation of nine and half acres of land belonging to the Wakf Board. This land is on lease with him for some time. He had a servant by the name of Nepali Bhaiya Vijay @ Birju, resident of Nepal who used to stay in the room on the land. At night, he used to sleep in the room in which the motor was installed. He did his cooking of food also there. On 3.7.2004, at about 12 O'clock in the day, Mukhtiar Singh went to his village after irrigating the paddy fields. On 5.7.2004, at about 6 am, he came to his fields. He did not see his servant Vijay @ Birju there. Nor did he see Vijay's CD Player and the box of speaker. Harjit Singh @ Kaka, Gopal Singh @ Pala and Harbans Singh who were living in his neighborhood met him and he told them about missing of his servant. Harbans Singh then stated, that on the intervening night of 3/4.7.2004, in the morning at 3:30 am, four bhaiyas, one of them named as Raju, the servant of Pala Singh @ Gopal Singh with whom were three other persons he saw there. He could identify the three persons as they used to come many times to the room of Raju. Out of them one tall person had a CD Player and a box containing a Speaker on his head. They were going towards the motor of Pala Singh. Then he saw in the water khal that fresh earth had been dug in the khal. Thereupon Mukhtiar Singh with the others dug the earth and they found the dead body of Vijay @ Birju lying there. There were sharp edged injury marks on the mouth, chin and forehead of Birju. Blood was oozing out. Mukhtiar Singh PW3 was convinced that Vijay @ Birju had been murdered by Raju whose appearance was about 19 years of age, hair cut, colour was black, his height was more than 5' alongwith Shambhu Sharma whose appearance was aged about 21/22 years, hair were cut, height was about 5' and Daikua whose appearance was about 22 years, haircut, dark complexion, height about 5' and Bahadur whose appearance was about 20 years, height more than 5', dark complexion. The motive for the commission of the offence was the stole CD Player and Speaker,thus, they killed Vijay @ Birju with sharp edged weapon. On the basis of the statement, FIR Ex.PB/2 was recorded on 5.7.2004 at 5 pm and the special report reached the Duty Magistrate on the same day at 10:30 pm.

(3.) The prosecution to prove its case, brought into the witness box Harjit Singh PW1, C Harnek Chand PW2, Mukhtiar Singh PW3, MHC Balwant Singh PW4, Dr. Harkirat Singh PW5, Bakshish Singh PW6, HC Bhupinder Singh PW7 and SI Satnam Singh PW8. In his statement under Section 313 Cr.P.C., the accused pleaded innocence. The accused led no evidence.