SURENDER AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellants, namely, Surender, Devender, Anil and Dharambir, were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.15,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for two years. Accused Surender was also convicted under Section 25 of the Arms Act for which he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo RI for three months. All the substantive sentences were ordered to run concurrently. All these four accused have jointly filed the present appeal aggrieved by the judgment and sentence passed

(2.) PW-8 Buta Ram, Chowkidar of Nursery of Forest Department, Gannaur, who spotted the dead body of Rakesh, informed PW-6 ASI Balraj Singh who rushed to the scene of occurrence. PW-1 Ram Singh, grand-father of deceased Rakesh, was also present at the scene of occurrence. PW-1 suffered a statement to the effect that deceased Rakesh proceeded along with one Ravinder on his motor-cycle. He had expressed suspicion on Ravinder and Sushil, partner of deceased Rakesh. PW-6 registered a case and investigated the matter.

(3.) On the side of the prosecution, as many as 17 witnesses were examined. Accused have set up a plea in their statements under Section 313 Cr.P.C. that they were innocent but were falsely implicated.