MATLOOB AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Matloob and Jarifa, the appellants herein, were tried by learned Additional Sessions Judge, Yamuna Nagar (here-in-after referred to as, 'trial court') on the accusation of having murdered Kamil (hereinafter referred to as 'deceased'), husband of appellant Jarifa and cousin of appellant Matloob, and vide judgment dated 24.04.2002 and order dated 27.04.2002, have been convicted and sentenced to imprisonment for life with fine amounting to Rs. 3000/- and in default of payment of fine to further rigorous imprisonment for three months, each, under Section 302 read with Section 34 of the Indian Penal Code, 1860 (here-in-after referred to as, 'IPC'). To challenge the impugned judgment/order appellants have brought this appeal.

(2.) State is contesting the appeal.

(3.) As per case of the prosecution, appellant Matloob made statement (Exhibit PG) before Sub-Inspector Dharamvir Singh (PW9) stating that on 10.05.2000, appellant Jarifa told him that the deceased, who was taken away by Surinder Kumar (PW12), servant of Virender Kumar (PW11) in the evening of 09.05.2000, had not returned home. Both of them went to Surinder Kumar's house and were told by his wife that he had gone to his village Brahampura two days before. After one hour, a passerby informed them that the deceased and his bicycle were lying in a pit on Jathlana-Radaur Road. Accompanied by that unknown lady they reached the disclosed spot and found that the deceased was lying dead in the pit and the dead body did not have injury marks. On the basis of statement (Exhibit PG), a Daily Diary Report (DDR, for short), Exhibit PH, was recorded (which later on paved way for registration of FIR). Investigating Officer visited the spot, prepared Inquest Report, Exhibit PJ, drew a site map of the place of occurrence (Exhibit PM) and recorded statements of witnesses. Dr Vinay Chaudhary (PW10) and Dr. Dinesh Goel conducted post mortem on the dead body of the deceased. Investigation of the case was then taken over by S.I. Dhanna Ram (PW13). In the meantime, the appellants appeared before Varinder Kumar, a former President of Municipal Committee, Radaur and while confessing their guilt, requested him to help and produce them before the police. He, accordingly, took them to and produced before S.I. Dhanna Ram on 31.08.2000, who arrested both of them and recorded their statements, Exhibits PQ and PR. On completion of investigation, a charge-sheet was filed against the appellants. Learned trial court, on hearing the prosecution and the defence found prima facie case against the appellants and charged them under Section 302 read with Section 34, IPC. Appellants pleaded not guilty to the charge and claimed to be tried.