SANTOSH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, the above mentioned two appeals would be disposed of as the appellants have challenged their conviction and sentence under Sections 302/ 120-B/ 34 of the Indian Penal Code, 1850 (IPC for short) as ordered by the trial Court vide judgment/ order dated 19.8.2008/ 21.8.2008.

(2.) Prosecution story in brief is that the mother and father of the complainant were residing separately. They used to sleep on separate cots in the street after taking meals. On 16.7.2007, Ganpat Singh, father of the complainant, after taking meals had slept in the street in front of his house. Murti Devi, mother of the complainant, had slept in the house of his younger brother Sunil. On 17.7.2007 at about 5.45 A.M., elder brother of the complainant noticed that his father was still sleeping on the cot, whereas, normally he used to go for a walk at 4.00 A.M.. When, Mahender Singh, brother of the complainant, reached near the cot of his father, he saw that his father was bleeding profusely due to head injury and was lying dead. Mahender Singh informed the complainant on telephone about the incident. Complainant immediately reached village Saharanwas and saw the dead body of his father lying in the street in front of their house on a cot. Complainant lodged the FIR stating therein that some unknown persons had murdered his father after causing injuries on his person with the sharp edged weapon in the night intervening 16/17.7.2007.

(3.) On the basis of the statement of the complainant formal FIR was registered.