AZAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The accused appellant Azad was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- and in default to undergo a further period of 3 years rigorous imprisonment. He was also convicted under Section 201 of the Indian Penal Code and was sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs. 3000/- in default to undergo a further period of one year rigorous imprisonment. Aggrieved by the above conviction and sentence passed by the trial Court, he has preferred the present appeal.

(2.) Briefly stated the case of the prosecution is that about 21/2 months prior to the occurrence the accused Azad came along with one Pala and gave a threat to Ramphal (since deceased), the brother of PW-10 Satbir and cousin brother of PW-11 Tek Ram, as they had not acceded to the demand of accused Azad to transfer the property succeeded by deceased from his mother. Ramphal went out of the house on 26.6.2001 and, thereafter he was missing. PW-1 Ram Narain found a trunk with limbs of a dead body in his field on 26.6.2001. He lodged a complaint with the police that an unknown dead body was found in his fields. Thereafter, he along with ex- Sarpanch Ram Singh who was examined as PW-2 proceeded to the filed of PW-1 and found blood stained body without head. A piece of denture and a small flute were also lying over there. A Pyjama, Vest, Shirt, Parna and a watch were found on the headless dead body. PW-12 S.I. Ram Avtar sent the statement of PW-1 with an endorsement for registration of a case. A case under Section 302 and Section 201 of the Indian Penal Code was registered based on the statement of PW-1.

(3.) PW-12 S.I. Ram Avtar proceeded to the scene of occurrence and prepared inquest report Ex. PO. The dead body was sent to the hospital for post mortem examination. He recovered blood stained earth, flute, denture, a bottle, a glass, a handkerchief, a bundle of Biri 22 make, a match box and a slipper under memo of Ex. PF. He also drew rough site plan Ex. PP reflecting the scene where the dead body without head was found.