PEHLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of above mentioned two appeals i.e. Criminal Appeal No.D-211-DB of 2007 filed by Pehlu and Criminal Appeal No.D-297-DB of 2009 filed by Dharambir alias Lambu as these arise out of the same judgment of conviction and order of sentence dated 31.10.2006/2.11.2006 passed by Sessions Judge, Gurgaon.

(2.) These two appeals have been filed against the judgment of conviction and order of sentence dated 31.10.2006/2.11.2006 passed by Sessions Judge, Gurgaon, whereby both the accused-appellants have been held guilty for the offences under Sections 302 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine to further undergo simple imprisonment for six months each for the offence under Section 302 read with Section 34 IPC. They have also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,500/- each and in default of payment of fine to further undergo simple imprisonment for two months each.

(3.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of Sher Mohammad complainant, who got his statement recorded to ASI Jagdish Chand, Police Station, Tauru on 6.10.2004 at about 4.05 p.m. The complainant in his statement stated that he had sent his son Shamim Ahmed alias Shammi at about 8.00 p.m. on 2.10.2004 to his Grocery shop to hand over meals for his another son named Arshad, but he did not return on that night. In the morning at 6.00 a.m., they started searching Shammi and inquired from Maulvi Ramzan where Shammi used to study but he said that Shammi had not come there. Then one of the students of said Madarsa named Sehraj met the complainant and disclosed that during the night at about 8.30 p.m. he had seen Shammi with Pehlu son of Sultan Meo, resident of Khori Kalan near the Mosque. On 6.10.2004, the complainant and others in the village came to know from a Tractor driver that dead body of a boy was lying in the hillock of Village Khori. Then the complainant along with others went there and they found dead body of his son Shammi aged 11 years in the earth mount in a ditch, which was in decomposed state. He identified the dead body from the clothes and also from the bandage on his left hand. The complainant also stated that he was fully confident that Pehlu had hand in the murder of his son. After recording the statement, 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.