CHANDERMA YADAV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No.D- 381-DB of 2009, filed by appellant Chanderma Yadav and Criminal Appeal No.D-1166-DB of 2012, filed by appellant Dalip alias Sanjay Kumar as these arise out of the same judgment of conviction and order of sentence dated 25.02.2009, passed by the Sessions Judge, Ludhiana, vide which appellants have been held guilty for the commission of offence punishable under Section 302 read with Section 34 IPC and accordingly convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of three months each.

(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Kamaljit Singh alias Ladi which was got recorded by him to Sub Inspector Raj Kumar, Police Station Division No.7, Ludhiana on 28.11.2005 and the same was completed at 1:25 p.m. In his statement, Kamaljit Singh alias Ladi, complainant stated that Ashwani Kumar son of Shiv Kumar used to do the business of discarded articles in his plot, situated at 33 Feet road. Ashwani Kumar used to reside in the room built in the plot. About eight months prior, the complainant was also doing the work of discarded articles with him. On 27.11.2005 at about 8:30 p.m., Ashwani Kumar, after taking food went from the room of complainant to the room situated in the plot, for sleeping.

(3.) On 28.11.2005 at about 10:30 a.m., the complainant came to Ashwani Kumar (deceased) in connection with work at plot and saw his dead body lying on wooden bed (takhatposh). Ashwani Kumar has been killed by some unidentified person/persons. In this regard, he gave information to Rakesh Kumar. When the complainant, after leaving Rakesh Kumar at the spot, was going to report the matter to the police, the police party met him and his statement was recorded.