SUNIL Vs. STATE

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 22.01.2009 and order dated 24.01.2009, rendered by learned Additional Sessions Judge, Chandigarh, in Sessions Case No. 73 dated 12.11.2008, whereby appellants Sunil and Jaswant Singh, who were charged with and tried for the offences punishable under Sections 302/201/34 of the Indian Penal Code (for short 'IPC'), were convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand) each, and in default of payment of fine to further undergo rigorous imprisonment for a period of one year under Section 302/34 IPC. They were further convicted and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs. 5,000/- (Rupees Five Thousand) each, and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 201/34 IPC. Both the substantive sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that SHO, Police Station Sector 36, Chandigarh, received a wireless message on 20.07.2008 at 11.25 AM to the effect that dead body of a woman was lying near jungle of Mazdoor Colony, village Kajheri. SHO along with ASI Jagdish Chander and other police officials reached the spot. Shiv Kumar gave information to Inspector Devinder Sharma vide statement Ex. P5 that he was resident of Mazdoor Colony, village Kajheri. He was President of the Colony. He had been residing there for the last 14/15 years. On 20.07.2008 at about 10.30/11.00 AM, he had gone to the vacant land of Sector 53 across the road for answering the call of nature. He sat near a mango tree. When he got up after answering the call of nature, he saw a dead body lying beneath the mango tree. He went near that place. He noticed that the dead body was of a female aged about 19 years. Injuries were caused with the help of a stone on the face of the dead body. Some acid type chemical was also thrown on the face of the dead girl. He also stated in his statement that her Chunni (Dupatta) was also found lying on the spot in two pieces. A blood stained stone was found lying near her head. Thereafter, FIR Ex. P10 was registered. The rough site plan was prepared. Blood sample was picked up from the stone. It was made into a parcel and sealed with the seal of 'PS' at two places. Pair of footwear, two pieces of Dupatta and string were also made into a parcel. These were taken into police possession vide memo Ex. P6. Jagdish Chander ASI and Shiv Kumar signed the memo as witnesses. Police Photographer Constable Rajesh Kumar also reached the spot. He took the photographs. Inquest proceedings were conducted. The post-mortem examination was conducted on 21.07.2008 by a Board of Doctors. The cause of death, according to the opinion of the doctors, was result of cranio-cerebral damage consequent upon blunt force. Injuries were ante-mortem in nature. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they were falsely implicated. They examined three witnesses in their defence. The accused were convicted and sentenced, as noticed here-in-above. Hence, this appeal.