RAKESH KOHLI @ VICKY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rakesh Kohli @ Vicky, appellant, has filed this appeal to impugn the judgment of conviction dated 4.6.2007 and order of sentence dated 5.6.2007 rendered by Sessions Judge, Yamuna Nagar, in Sessions Case No. 17 of 2006 arising out of FIR No. 151 dated 1.4.2006 under Section 302 IPC, Police Station City Jagadhri, whereby he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment of fine, to further undergo imprisonment for one year.

(2.) The prosecution story, in brief, is that on 1.4.2006, police party headed by Inspector Ram Kishan was present near Bus Stand Chowk, Jagadhri, where Parvinder Kumar, complainant, met the police party and reported that he is the resident of Roop Nagar Colony, Jagadhri and is practicing as an Advocate at District Courts, Yamuna Nagar. He, along with his friend Satinder Pal Dhanda, Advocate, was sitting in the dinning hall on the first floor of Samrat Hotel, Jagadhri at about 8.30 PM, when they heard the shrieks of a female from the side of gallery. After that, they went to Room No.8 of the hotel and after entering the room, noticed Rakesh Kohli @ Vicky, strangulating a young girl lying on the floor of the room with a chunni (scarf). After giving a push to them, the accused fled from the spot. An effort was made to apprehend the accused, but he managed to escape.

(3.) The complainant, along with his companion, came back to Room No.8 of the hotel and found the dead body of a young girl lying on the floor with face down to the floor, with the scarf noosed around the neck tightly. He recognised the dead body as of a distantly related girl, named Tarvinder Kaur daughter of Harbans Singh. Satinder Pal Dhanda was deputed to guard the dead body whereas Parvinder Kumar left to lodge a report when he met the police party near Bus Stand, Jagadhri. His statement (Ex.PG) was recorded by the police. Parvinder Kumar signed the same in token of its correctness. After making endorsement at 9.20 PM, statement was sent to the police station, on the basis of which, formal FIR was recorded.