DIWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) DIWAN Singh and Baljit were tried and convicted under Section 302 read with Section 34 IPC by Additional Sessions Judge-II, Bhiwani vide his order dated October 28, 1988 and were sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- each and in default of payment of fine to undergo further rigorous imprisonment for one year each.

(2.) FEELING aggrieved, they have filed this appeal.

(3.) RANDHIR deceased belonged to village Meharda, District Jind who used to deal in the sale of fodder with his camel cart. On December 15, 1987 he left his village with 500 "Pulies" of "Bajra" fodder for sale at Bhiwani in his camel cart alongwith Rs. 250/- as expenses during the transit. The "Pullies" were of the value of about Rs. 1,800/-. Uptil 15/16-12-1987, Randhir did not return. His family members got anxious. On December 16, 1987 one Bhira resident of village Lajwana informed Satpal, brother of Randhir deceased that on 7/8-12-1987 Randhir had gone towards Bhiwani and he had noticed him at a distance of two kilometres from village Chang. He had noticed his camel cart near a "Khokha" but Randhir was not there. Satpal alongwith others went to Bus Stand Chang. They came to know about the recovery of dead body. Then they went to Police Station Sadar Bhiwani and identified the clothes and photographs of the dead body confirming the same to be of Randhir.