AMARDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) All the appeals i.e CRA No.D-49-DB of 2007, titled Amardeep v. State of Haryana, CRA No.D-202-DB of 2007, titled Karambir v. State of Haryana, CRA No.D-373-DB of 2007, titled Ramesh Kumar v. State of Haryana and CRA No. D-362-DB of 2007, titled State of Haryana v. Karambir, Amardeep and Ramesh Kumar arise from the common impugned judgment and order. These are, therefore, being decided by this common judgment.

(2.) The appellants in their respective appeals have assailed the judgment of conviction and order of sentence dated 19.12.2006, passed by the learned Additional Sessions Judge, Jhajjar, in Session Case No.16 of 2005, emanating from FIR No.18 dated 19.01.2005, under Sections 364, 302 read with section 34 of the Indian Penal Code ('IPC' for short) of Police Station, Sadar, Bahadurgarh. The appellants Amardeep, Karambir and Ramesh Kumar ibid have been convicted for commission of offences punishable under Sections 364-A IPC, 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life each and to pay a fine of Rs. 15,000/- each and in default, thereof, to undergo rigorous imprisonment for a period of three years each for commission of offence punishable under Section 364-A IPC read with Section 34 IPC. They have also been sentenced to undergo imprisonment for life each and to pay fine of Rs. 15,000/- each and in default, thereof, to further undergo imprisonment for a period of three months each for commission of offence punishable under Section 302 IPC read with Section 34 IPC.

(3.) Case of the prosecution is that one Sumit @ Pona son of Surender Kumar complainant went missing from his house on 16.01.2005. Albeit search, he could not be found. On 19.01.2005, complainant moved an application before Mam Chand, SI, at bus stand of village Kanoda, where he was present in connection with patrolling. In this application, complainant alleged that he suspected that his son Pona had been kidnapped by Karambir son of Pati (appellant in CRA No. D-202-DB of 2007), Amardeep son of Ram Kishan (appellant in CRA No.D-49-DB of 2007) and Ramesh Kumar (appellant in CRA No.D-373-DB of 2007), who were agricultural labourers in his village, after hatching a conspiracy to commit his murder. On his application, Mam Chand, SI made his endorsement and sent the same to Police Station Bahadurgarh through Rameshwar Constable, where, on the basis, thereof, formal FIR was recorded by Ombir ASI.