SUNIL @ LEADER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this appeal, appellant has challenged the judgment/ order dated 22.9.2008 passed by the trial Court, whereby he was convicted and sentenced for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC for short) and Section 25 of the Arms Act, 1959 (the Act for short). On 24.11.2006, complainant Karan Singh lodged a report with the police that his son Rajinder @ Raju, aged about 22 years, had gone to the market on 19.11.2006 and had failed to return back home. Complainant had tried to trace his son but had been unable to find him. He did not have any suspicion against any one as his son had gone for making some purchases. His son was wearing a black pant and red shirt and black colour plastic chappals. His son was 6 feet tall and was having wheatish complexion.

(2.) Thereafter, on 30.11.2006, statement of the complainant was again recorded, wherein, he stated that on 19.11.2006 at about 4.30 P.M., his son had gone with his friend Ajit on a motorcycle belonging to Ajit. When the son of the complainant had failed to return home, he inquired about his son from his relatives and lodged a missing report regarding his son on 24.11.2006. On 2.10.2006, Rajinder @ Raju had a quarrel with Bharat Singh in connection with wrestling. Bharat Singh had threatened Rajinder @ Raju with dire consequences. Complainant had not taken the said threats seriously. Now he had come to know that a dead body was lying by the side of canal. On receipt of information, complainant had gone along with Ramesh Chand and Ballu, his relatives and other residents of the locality to the said spot. He had identified the dead body of his son. He suspected that his son Rajinder @ Raju had been murdered by Ajit Singh and Bharat Singh and the dead body had been thrown away by them by the side of the canal in the bushes.

(3.) On the basis of the statement of the complaint, FIR No.178 dated 30.11.2006 was registered by the police of police Station Bawal District Rewari at 6.15 P.M under Sections 302, 201, 34 IPC and Section 25 of the Arms Act.