ARJUN BAHADUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In FIR No. 554 dated December 3, 2005, it was an allegation against the appellant and his co-accused Man Bahadur and Lal Bahadur that they, in the intervening night of 2 nd and 3 rd December, 2005, had committed lurking house trespass in house No. 156, Sector 6, Panchkula. In the process, they murdered Algu Ram, a watchman of the house. During investigation, Lal Bahadur could not be arrested and was declared a proclaimed offender. Investigation was concluded against the other two accused.

(2.) After trial, vide judgment dated July 19, 2008,, accused appellant Man Bahadur was found not guilty and acquitted whereas qua Arjun Bahadur , appellant, it was stated that the prosecution has proved its case beyond a reasonable doubt and accordingly he was convicted for commission of offences under Sections 302, 458, 397, 342, 460, 506/34 IPC. Vide order dated July 21, 2008, the appellant accused, besides other lesser punishments, was sentenced to undergo R.I. for life each and to pay a fine of Rs. 5,000/- each under sections 302/460/34 IPC. Hence this appeal. The process of law was set in motion on a statement Ex. PB/3 made by Sunder Lal Gupta (PW14) at 11.30 AM on December 3, 2005. His statement was recorded by S.I. Ramesh Chander (PW17). FIR Ex. PB/1 was recorded in Police Station Sector 5 Panchkula at 11.45 AM on December 3, 2005. The trial Judge has noticed the following facts regarding case of the prosecution:

(3.) After recording statement of Sunder Lal (PW14), the Investigating Officer SI Ramesh Chander (PW17) prepared a rough site plan Ex. PT of the place of occurrence with correct marginal notes. He also prepared inquest report Ex. PH on the dead body and sent it for post-mortem examination, which was conducted by Dr. Usha Kumari (PW7) on December 3, 2005, at 4.45 PM. In the meantime, Investigating Officer took into his possession a steel knife from the back side room, which was found lying on a table, it was taken into possession against a recovery memo. Blood was lifted from the room with cotton swabs and it was put in a plastic container against a recovery memo. One more knife which was lying in front of the house was also recovered and taken in possession against recovery memo Ex. PL.