NIRANJAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 400-DB of 1991 Niranjan Lal Versus State of Haryana, Criminal Appeal No. 404-DB of 1991 Chander Bhan Versus State of Haryana and Criminal Appeal No. 467-DB of 1991 Sushil Kumar, Versus State of Haryana.

(2.) These three appeals have been filed by four appellants who were jointly tried along with Mst. Suresh by the Additional Sessions Judge Rewari for offences under Ss. 302, 392 read with Ss. 34, and 201, of Penal Code. After trial Mst. Suresh who was charged for an offence under S. 201, IPC was acquitted while the four appellants were held guilty for offences under Ss. 302, 392 read with 34, IPC for committing the murder of Krishan son of Behari in village Nanglia and for removing his tractor and wrist watch. They were sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000.00 each under S. 302/34, IPC and to further undergo rigorous imprisonment for five years and to pay fine of Rs. 1000.00 each for the offence under S. 392/34 IPC. Although no charge was framed against them under S. 25 of the Arms Act yet Pappu alias Chander Bhan and Sushil appellants were sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 for this offence.

(3.) The case of the prosecution as unfolded from the evidence on record is as follows :- Complainant Subhash and his brothers Krishan and Jaswant, who owned about 65 acres of land, resided in village Nanglia. They had purchased one tractor mark Ford of blue colour. Although registration number of the tractor was HNM-633 yet no number plate was affixed on the tractor. On 2/07/1989 at about 3-00 P.M. three persons came to the house of Krishan deceased and agreed to purchase the tractor for Rs. 1,36, 000.00. They paid Rs. 50.00 as advance money and told that they will pay the remaining consideration on 4/07/1989. On the same evening, Krishan deceased went to the fields with the tractor for ploughing the land and he did not return till 11.00 P.M. His brother Jaswant searched for him in the fields but he neither found Krishan nor the tractor. He gave this information to his elder brother Subhash. Subhash joined with him Jaswant and Shiv Karan and went in search of Krishan, when he found harrow of the tractor lying in the field near the dead body of Krishan which was smeared with blood. The tractor was missing. After leaving Shiv Karan and Jaswant at the spot, Subhash accompanied by Ram Kumar and Rattan Lal went to Police Station Jatusana and lodged a report there at 2-30 A.M. He suspected these three persons for the commission of murder of his brother and removal of the tractor whose description was incorporated in the first information report.