TINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) ALL the five accused Tinku, Anil, Sunil, Ashok and Suman were convicted by the Sessions Court under Section 302 read with Section 34 IPC and were sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/ - each and in default of payment of fine, to further undergo R.I. for 5 years each. They were also convicted under Section 201 read with Section 34 IPC and were sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 1000/ - each and in default of payment of fine, to further undergo R.I. for 1 year each. They have preferred the above individual appeals. None represented accused -appellant Anil before this Court. Sh. Aman Pal, Advocate who was appearing for accused -appellant Tinku was appointed as Amicus Curiae to argue the case on behalf of accused -appellant Anil and assist the Court. The Legal Services Authority shall pay the scheduled fee as per Rules to the above counsel so appointed for the accused -appellant Anil. The brief case of the prosecution is that accused Suman was married to Atul Kataria (deceased). She developed some illicit relationship with accused Anil. On 27.4.2005, Atul Kataria took his wife Suman to Rohtak on a motorcycle as she had to appear in some examination.

(2.) PW 9 -A Shamsher Singh was the sister's husband of the deceased Atul Kataria. He spotted the deceased alongwith his wife Suman on a motorcycle at Silani Gate, Jhajjar at about 7.30 a.m. on 27.4.2005. When they were enquiring about the well -being of each other, a big car bearing registration No. CH01 -P -5427 came over there. Four persons got down from the car. Accused Suman informed PW9 -A that accused Anil was the son of her Bua. The other three accused introduced themselves as Ashok, Sunil and Tinku. The deceased and his wife boarded the car whereas Tinku proceeded on the motorcycle of the deceased. All of them proceeded towards Rohtak. He came to know that on the same day Atul Kataria was killed. He also passed on the above information to PW4 Rameshwar Dayal, father of the deceased.

(3.) PW 4 Rameshwar Dayal, the father of deceased Atul Kataria was informed by accused Suman on enquiry that her husband had gone to Gurgaon after dropping her at bus stand Jhajjar. As the deceased had not come to the house, PW4 made an enquiry with Contractor Panwar who disclosed to him that the deceased had already taken one day leave for taking his wife to the college for examination.