BALKAR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been instituted against the judgment and order dtd. 27/8/2004 rendered by the Sessions Judge, Ambala, in Sessions Case no.26 instituted on 16/9/2003 whereby the appellants were charged with and tried for the offence punishable under Sec. 364/302 read with Sec. 34 Indian Penal Code (in short TPC). The appellants were convicted and sentenced as under:-

(2.) The case of the prosecution in a nutshell is that Balkar Singh accused owed Rs.7000.00 to Jai Pal deceased. Heated arguments had taken place between them over demand of money about 15 to 20 days back (prior to the lodging of report on 3/6/2003). According to the prosecution, on 31/5/2003 at about 8.00 A.M. Balkar Singh and Sultanjit @ Sunny accused took away Jai Pal from his house with them on motor cycle. Jai Pal was having his mobile phone at that time. On 2/6/2003 both the accused went to the house of Jai Pal to return his mobile phone. When the family members of Jai Pal enquired the accused about Jai Pal, they could not give satisfactory reply. The matter was reported to the police on 3/6/2003 leading to the registration of a case under Sec. 364 IPC. On the same day, dead body was recovered from under the Markanda bridge in the area of Shahbad. It was identified to be of Jai Pal. The inquest report was prepared. Statement of Sham Lal was recorded vide Ex.PK. Punjaba Rama handed over a mobile phone to the police. Site plan was prepared. Accused were arrested from Shahbad on 7/6/2003. Accused demarcated the place where dead body of Jai Pal was lying. Balkar Singh made disclosure statement Ex.PN pursuant to which motor cycle bearing registration no.HR02F-8972 was recovered from his 'Dera' on 9/6/2003. Sultanjit accused was also interrogated on 8/6/2003. He made disclosure statement. He got recovered a stone from near pillar no.6 of the Markanda bridge in the area of Shahbad. Post-mortem was conducted. The dead body was handed over to the family members. The investigation was completed. Challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statements of appellants were recorded under Sec. 313 Cr.P.C. They denied the case of prosecution. The appellants were convicted and sentenced, as noticed hereinabove. Hence the appeal.