HET RAM AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants have filed this appeal against judgment dated August 10, 2007, and order dated August 11, 2007, vide which they were convicted for commission of an offence under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each with a default clause.

(2.) It was allegation against them that on June 14, 2004, at 12.30 AM, they along with Kani alias Karan Singh committed murder of Maya Devi by causing her injuries when she was sleeping in the courtyard of her house. The process of law was set in motion on a statement Ex. PA made by Shyam Lal (PW2) son of the deceased at 6 AM on June 14, 2004. His statement was recorded by SI Bhagat Ram (PW14), which led to registration of an FIR Ex. PA/1 against the appellants at 6.50 AM on June 14, 2004. Special report reached the concerned Magistrate at Palwal at 10.20 AM. The following facts regarding case of the prosecution were noted by the trial Court:

(3.) SI Bhagat Ram (PW14), the Investigating Officer, after recording statement of complainant Shyam Lal, went to the spot, prepared inquest proceedings on the dead body and sent it for post-mortem examination, which was conducted by Dr. J. D. Singh (PW9) on June 14, 2004, at 11.55 AM. The Investigating Officer also prepared rough site plan Ex. PM with correct marginal notes, picked up blood stained earth and broken pieces of bangles from the spot against recovery memos. Accused Kanni alias Karan Singh was arrested on June 14, 2004. On a disclosure statement made, the weapon of offence (stick ) was recovered. The appellants accused were arrested on June 23, 2004. Their disclosure statements also led to the recovery of weapons of offence, i.e., sticks. The Investigating Officer recorded statements of the witnesses and on completion of other formalities, put the final report in Court for trial. Copies of the documents were supplied to the accused as per provisions of Section 207 Cr.P.C. Case was committed to the competent Court for trial vide order dated August 20, 2004. The accused were charge-sheeted for commission of offence under Section 302/34 IPC. They pleaded not guilty and claimed trial.