ROHTAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 11.11.2009/14.11.2009 passed by the Additional Sessions Judge, Fast Track Court, Gurgaon in Sessions Case No.66 of 2007, whereby the appellants, who were charged with and tried for offences punishable under Sections 302/201/396 of the Indian Penal Code (for short 'the IPC'), have been convicted under Section 396 read with Section 120-B of the IPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/- each, in default of payment of fine, to further undergo RI for two years.

(2.) The prosecution case in brief is that on 19.10.2006 one telephonic message was received in Police Station Farrukh Nagar regarding one dead body lying near Horse Farm at Pataudi- Gurgaon Road in the area of Patli. On receipt of this information ASI Randhir Singh alongwith Constable Rajpal and Constable Suresh Kumar reached the spot. There they met Vikram son of Mahender Singh who got recorded his statement to the effect that on 19.10.2006 at about 1.30 pm, he received a telephonic message that his father has expired and the dead body is lying near Horse Farm near Jamalpur- Gurgaon Road in the area of Patli. On receipt of this information, he reached the spot and found the dead body of his father lying there. He noticed some strangulation marks on the neck of his father. He stated that some unknown person had murdered his father by strangulation. Ruqa was sent through Constable Rajpal on the basis of which FIR No. 161 dated 19.10.2006 under Section 302, 201 of Indian Penal Code was registered. The dead body was got photographed. Rough site plan of the spot was prepared. Proceedings under Section 174 Cr.P.C. were conducted. Post mortem examination of the dead body was got conducted.

(3.) On 06.11.2006 accused Parmod alias Bhuru alias Bhura suffered a disclosure statement in another case FIR No. 1133 of 2006 and disclosed about being involved in several occurrences. He also disclosed about commission of the present occurrence. On 09.11.2006 accused Vikram alias Vicky and Harkesh alias Julfi also suffered disclosure statements in another case. On the basis of their respective disclosures statements, they were formally arrested in this case. The accused suffered disclosure statements regarding commission of this offence. Remaining accused were also arrested in this case. On the basis of these statements offences Section 396 and 311 of Indian Penal Code were added. On completion of investigation, report under Section 173 Cr.P.C. was submitted.