RAJU ALIAS RAJJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment/order dated 03.11.2008, passed by the Sessions Judge, Fatehabad, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- under Section 302 IPC. In the event of the benefit of provisions of Section 433(a) Cr.P.C. being extended to the appellant for his release upon expiry of 14 years and on the failure of his part to the aforesaid amount of fine, he was further sentenced to undergo rigorous imprisonment for 31/2 years.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Natha Singh, father of the deceased Partap Singh. As per the prosecution version, Partap Singh was having a waiter party to be offered in a marriage party. Waiter Rahul, Ajay, Amit, Sonu etc. used to work under Partap Singh (deceased), son of the complainant. Besides this, one boy resident of Bihar namely Parkash Vadhoria Narhori Kalan and Pancham Kumar Anuragi, residence telephone No.05281-252538. (according to diary there are two names) and said Parkash Vadhoria had been residing in the house of Partap Singh for 5-6 days and they both used to reside together in a separate room in the house of the complainant. On 04.12.2005, Partap Singh took these waiters for doing work in the marriage of daughter of Karan Singh at Sarangpur.

(3.) Karan Singh had not paid the wages of the waiters to the son of the complainant. Complainant's son Partap Singh after withdrawing money from the bank, paid Rs. 2000/- to those waiters and some more money was also to be paid to some other waiters but the money/wages to waiter belonging to Bihar was not given. On 07.12.2005, at about 8.17 P.M., Partap Singh and waiter belonging to Bihar had slept on their separate cots in the room of Partap Singh after taking dinner together. The complainant, his wife Pritam Kaur and his other son Harjit Singh had also slept in separate rooms.