KULBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant, vide judgment and order dated 31.5.2005, was convicted for commission of an offence under Section 302/ 34 and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- with a default clause. Hence, this appeal.

(2.) It was allegation against the appellant and one Subhash that they, on 26.10.2002, at 3.15 p.m. in the area of village Bond Kalan, in furtherance of their common intention, have committed murder of Harkesh. Process of law was set in motion on a statement (Ex.PG) made by PW11 Sanjay Kumar (son of the deceased) at 5.20 p.m. on 26.10.2002. His statement was recorded by SI Prahlad Singh (PW14). On the basis of above statement, an FIR (Ex.PH) was recorded in police station Bond Kalan at 5.50 p.m. on 26.10.2002. Special report reached the Illaqa Magistrate at 8.30 p.m. on 27.10.2002.

(3.) It is necessary to mention here that co-accused of the appellant, namely, Subhash was declared a proclaimed offender vide order dated 2.6.2003.