ARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Crl. A. No. 249 -DB of 2009 and Crl. A. No. 63 -DB of 2010 as both the appeals arise out of same impugned judgment passed by the trial Court. Accused Arshad and accused Shamshad were convicted and sentenced under Section 302 read with Section 34, Section 201 read with Section 34 and Section 397 IPC. Accused Shamshad also was convicted and sentenced for the offence under Section 25 of the Arms Act. They have challenged the judgment of conviction passed by the trial Court.

(2.) PW 2 Parveen Kumar was the brother of Shiv Kumar (since deceased). PW 2 and deceased Shiv Kumar were employed in the shop of PW 5 Subhash Goel. On 30.10.2006 at 9.15 p.m. when PW 2 and his brother Shiv Kumar were present at the shop of PW 5, accused Arshad and accused Shamshad came to the shop and took deceased Shiv Kumar. The accused had taken deceased Shiv Kumar even on earlier occasions.

(3.) PW 1 Bhram Singh proceeded to his sugarcane field on 31.10.2006 at about 11.00 a.m. He spotted the dead body lying in the midst of crops. A pair of chappal was also lying in the field. There were injury marks on the dead body. He telephonically informed the police. PW 14 SI Dharambir Singh proceeded to the field of PW 1 and recorded his statement Ex. PA. A formal first information report Ex. PN was registered based on the statement Ex. PA. Blood stains were recovered. A chappal of left foot Ex. P1 was also recovered from the spot. PW 14 proceeded in search of the accused and the tractor -trolley near the sand -mines ahead of Biholi. He found a trolley laden with wood lying on the road facing towards Samalkha. The same was recovered by PW 14.