RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of the aforesaid two appeals as the same arise out of common incident.

(2.) The aforesaid appeals are instituted against the judgment dated 13.6.2005 and order dated 15.6.2005, rendered by learned Additional Sessions Judge, Karnal. Appellants Raju son of Surinder and Mohan alias Raju son of Chhote Lal were charged with and tried for the offence punishable under Sections 302, 201 read with Section 34 IPC. They were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each under Section 302 read with Section 34 IPC. They were also convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each under Section 201 read with Section 34 IPC. Both the substantive sentences were ordered to run concurrently.

(3.) The case of the prosecution in a nutshell is that on 1.3.2004 PW3 Manjoor Singh complainant met SI Baljit Singh near Government School, Village Rattak. He made his statement, Ex. P1. According to the averments made in the statement he had employed accused Mohan @ Raju for his agricultural and domestic work. Similarly, his elder brother Gurdial Singh had also employed accused Raju and Pati (deceased) for the agricultural purposes. All the three i.e. both the accused and deceased Pati were jointly living in a room situated adjoining to their farm house. On 29.2.2004 at about 7/7.30 P.M. all the three had gone to the farm of Buta Singh, brother-in-law of the complainant. On 1.3.2004 at about 8.30 A.M., the complainant saw the fire in the straw (parali) lying in the fields of his neighbour Jagdish. They went to the spot. They found cap of accused Mohan lying there. The servant of his brother, namely, Pati was found missing. However, both accused Mohan and Raju were found present at their farm-house. They enquired from both the accused turn by turn. They disclosed that they had murdered Pati by strangulation in the fields of Jagdish. They put his body on the straw (parali) and put it on fire. They further disclosed that they had prepared lahan about 15-20 days prior to the occurrence by concealing this fact from their employer and Pati (deceased) had disclosed this fact to complainant Manjoor Singh. Manjoor Singh had scattered the lahan and had broken the drum. Thus, they had grudge against Pati. SI Baljit Singh reached at the farm-house of the complainant Manjoor Singh. Many people had gathered there. Photographer was called. IO interrogated accused Mohan alias Raju. He made disclosure statement, Ex. P11, that he could identify the place of murder and where the dead-body of Pati was burnt. Accused Raju made disclosure statement, Ex. P12. Both the accused led the police party to the place of occurrence and pointed out both the places. IO recovered the pieces of bones and skull from the straw which were kept in a sealed parcel. Accused Raju also got recovered match box. Bones and skull were sent to the FSL. FSL report is Ex. P26. Investigation was completed and challan was put up after completion of all the codal formalities.