PAWAN @ RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10.05.2002/13.05.2002 passed by learned Addl. Sessions Judge (Adhoc), Fast Track Court No.1, Faridabad, vide which accused -appellants Pawan @ Rajinder Singh and Ajit @ Dara Singh were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/ - each and in default thereof to further undergo rigorous imprisonment for one year each. Accused Ajit Singh @ Dara Singh was also convicted under Section 25 of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment for one year. Both the sentences were directed to run concurrently.

(2.) THE prosecution case as put forth by Amit Kumar (complainant) in his statement (Ex.PE) is that his elder brother Deepak was aged about 28/30 years and was doing delivery work.

(3.) THEIR neighbour Gola son of Kishan Lal Punjabi had taken Rs. 10,000/ - on interest from Pawan @ Rajinder Singh. Gola had returned almost entire amount to Pawan @ Rajinder Singh but Pawan @ Rajinder Singh had demanded Rs. 250/ - more from Gola. On 09.11.2000 at about 8.30 p.m., Pawan @ Rajinder Singh and his cousin brother Ajit Singh @ Dara Singh had come and demanded Rs. 250/ - from Gola. But Gola did not meet them. Then Deepak (deceased), Pawan @ Rajinder Singh and Ajit Singh @ Dara Singh talked to each other. Deepak told them that they should forego Rs. 250/ - to Gola. Then both Pawan @ Rajinder Singh and Ajit Singh @ Dara Singh demanded Rs. 250/ - back while abusing Deepak (deceased). After half an hour Pawan @ Rajinder Singh and Ajit Singh @ Dara Singh again came on scooter and took away his brother Deepak with them on scooter bearing registration No.HR -51F -4749. His brother Deepak did not return back home till late night. Therefore, Amit Kumar accompanied by his father Ram Nath searched for Deepak here and there. On 10.11.2000 in the morning, they came to know that a dead body of a person is lying in the Air Force ground, NH -4 (National High Way No.4). Then Amit Kumar along with his father Ram Nath visited the spot and identified the dead body of Deepak. They saw that the mouth, neck and jaws of his brother were badly cut. There was also mark of gun shot on the dead body. Amit Kumar alleged that accused Pawan @ Rajinder Singh and Ajit Singh @ Dara Singh had murdered his brother Deepak on account of the said money transaction.