YOGENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment, we shall dispose of two criminal appeals, i.e. CRA No. D-720-DB of 2008 and CRA No. D-131-DB of 2009, filed by accused/appellants Yogender and Narinder respectively, against the judgment and order dated 30.8.2008/2.9.2008, passed by the learned Additional Sessions Judge, Faridabad, vide which both the accused were convicted under Section 302/34 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 25,000/- each, in default thereof, to further undergo rigorous imprisonment for one year each.

(2.) On asking of the Court, Mr. D.S. Brar, Advocate, appearing for accused/appellant Yogender (in CRA No. D-720-DB of 2008) has also submitted arguments on behalf of co-accused/appellant Narinder, who has filed separate criminal appeal, i.e. CRA No. D-131-DB of 2009.

(3.) The facts of the case as coming out from the statement of Nihal Singh (Ex.PD) made to the police on 9.5.2005 are that he (Nihal Singh) is doing the business of property dealing. His younger brother Gopal was working as an advocate and practising in Sector-12 Courts. On 9.5.2005, at about 12 Noon, Gopal was going on his vehicle from Ajronda towards G.T. Road in connection with some personal work. Nihal Singh saw that his brother's Scorpio vehicle had stopped in front of Sigma Timber and Gopal was standing near his vehicle on the driver side. In the meanwhile, a Santro car of grey colour came from a side, from which three young boys alighted. One boy kept sitting in the vehicle on the driver seat.