SUDHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this order, I intend to dispose of Crl.M.No. M-14416 of 2012 titled as Sudhir v. State of Haryana and Crl. M.No. M- 15430 of 2012 titled as Virender @ Monu v. State of Haryana, as both the petitions arise out of same FIR.

(2.) As per allegation of the prosecution, there was a dispute between Ravinder with Sumit @ Kala. Sumit @ Kala was called, where Monu and Sanda his supporters were present. That dispute was said to be settled. It is further alleged that on 12.8.2011 at about 7.30/8.00 P.M. Sumit @ Kala and Sanda went in the office of Sudhir, where Sudhir, Virender @ Monu Patt and Ravindra Nai were present in the office. Jonny s/o Pappe, Naveen and Mukesh were also present. Mukesh, Sudhir, Jonny and Ravindra Nai asked Sumit @ Kala that why he had hurled abuses and beat him by giving slaps, on which Sumit @ Kala tendered his apology. Then all of them had taken liquor and set out for their houses. As per disclosure statement made by Mukesh, Sumit @ Kala refused to go to his house and he uttered that he will sleep in the office. According to the prosecution story, Mukesh still aggrieved of the abuses, gave 4-5 blows of iron dao to Sumit @ Kala resulting into his death. As per his disclosure statement, he called the present applicants, Virender @ Monu and Sudhir on telephone and all of them disposed of the dead body of Sumit @ Kala by wrapping the same in the bed sheet and took the same in a car and threw the dead body in Garhi Sampla Canal after removing his clothes.

(3.) PW Sanda, has given the same story as mentioned above. However, Rinki, sister of the deceased has stated that she suspects that the present petitions alongwith Mukesh and Ravinder have committed the murder of Sumit @ Kala and she has last seen them.