LAWS(P&H)-2013-1-682

JAIPAL Vs. STATE OF HARYANA

Decided On January 11, 2013
JAIPAL S/O SHANKAR DASS; MEHAR SINGH S/O SINGH RAM Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Both the appeals i.e CRA No.D-188-DB of 2007, titled Jaipal and others v. State of Haryana and CRA No.D-191-DB of 2007, titled Mehar Singh v. State of Haryana, 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 dated 30.01.2007 and order of sentence dated 31.01.2007, passed by the learned Additional Sessions Judge Kaithal, in Session Case No. 42 of 2005, emanating from FIR No.03 dated 04.01.2004, under Sections 302 and 201 read with section 34 of the Indian Penal Code ('IPC' for short) of Police Station, Sadar, Kaithal, whereby, they were convicted for commission of offences punishable under Sections 302 and 201 IPC. They have been sentenced to undergo imprisonment for life each and to pay a fine of Rs. 5,000/- each and in default, thereof, to further undergo simple imprisonment for a period of six months each for commission of the offence punishable under Section 302 IPC. They have also been sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo simple imprisonment for two months each for commission of the offence punishable under Section 201 IPC. Both the substantive sentences imposed upon the appellants were ordered to run concurrently.

(3.) Case of the prosecution is that on On 04.01.2004, Rattan Singh son of Chhailu Ram reported to the police vide statement Ex.PD that at about 09:30 a.m, he and his servant Sanjay son of Munshi Ram came to the fields in the area near Peoda road, there they saw a naked body of a man whose head had been crushed by some unknown vehicle. On the basis of this information, formal FIR Ex.PA was registered under Sections 279 and 304-A IPC. Inquest report Ex.PT of the unidentified corpse was prepared and its photographs were also taken. Pamphlets were also published regarding the identification of the said corpse.