DEVENDER KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of two appeals, i.e., Cr. A. No. 414- DB of 2008, filed by Davender Kumar (A-1) and Gian Singh (A-2) and 194- DB of 2008, filed by Sheoraj (A-3), arising out of a common judgment and order dated January 10, 2008 and January 12, 2008, respectively, passed by the Additional Sessions Judge, Faridabad, vide which they were convicted for commission of offences under Sections 364, 302 and 201 read with Section 34 IPC. Their co-accused, namely, Girish was acquitted of the charges framed against him. Vide impugned order dated January 12, 2008, A-1 to A-3 , besides awarding lesser sentences/ punishment for other offences, were ordered to undergo imprisonment for life and to pay a fine of Rs. 2000/- each with a default clause for commission of an offence punishable under Section 302 read with Section 34 IPC.

(2.) It was allegation against them that they, with a common intention, had kidnapped, with intention to murder, Bhagirath alias Lala son of Likhi Ram, on March 14, 2002, at about 9.30 AM in the area of Bus Adda Chowk, Palwal. It was further allegation against them that they in fact had murdered Bhagirath and threw his dead body in Hazara canal with an intention to cause disappearance of evidence to save themselves from punishment. It was alleged against co-accused Girish that in the month of March, 2002, he had dishonestly forged chasis number, engine number and registration number of Tata Sumo vehicle bearing No. HR 26G 9301, owned by the deceased.

(3.) Process of law was set in motion on a statement Ex. PA, made by Khem Chand (PW3) (brother of the deceased) on April 4, 2002, which was recorded by ASI Ramesh Chand (PW2), at about 6.05, on the basis of which FIR Ex. PB was recorded in Police Station City Palwal on April 4, 2002 at 6.20 PM.