MOHIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants have preferred the instant appeal challenging the judgment of conviction dated 04.12.2008 and order of sentence dated 10.12.2008, in case FIR No. 321 dated 05.08.2006 passed by ld. Additional Sessions Judge, Hisar whereby they have been convicted under Section 302/201 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/- each and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for a period of two months under Section 302 IPC. They were also sentenced to undergo rigorous imprisonment for a period of 3 years under Section 201 IPC. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution as unfolded by Surender Kumar son of Hans Raj, caste Arora, resident of House No.422/20, Street No.6, Roop Nagar Colony, Hansi is that on August 04, 2006 at about 6:00 p.m., Sudesh Yadav son of Balwan Yadav, resident of Jamavri, Davender Chawla son of Jagan Nath and Mohit son of Harbans Lal, all are residents of Roop Nagar Colony, Hisar, came to his house and took his brother Sanjeev @ Goga with them. Thereafter, they consumed liquor in a hotel but due to some work, Sudesh Yadav had gone towards Barsi Gate, Hansi whereas his brother Sanjeev @ Goga, Davender Chawla and Mohit had gone towards Umra Road, Hansi. Sudesh Yadav returned to his house whereas Davender Chawla, Sanjeev @ Goga and Mohit were present at Canal Bridge and at that time, Davender Chawla was having a pistol. When his brother did not return to the house, he searched for him and reported the matter to the police vide Mark A. On August 05, 2006 at about 6:30/7:00 p.m., Sudesh Yadav met him and informed that he had seen his brother Sanjeev @ Goga, Davender Chawla and Mohit on the bank of river, at Umra Road, Hansi. Thereafter, he reached at canal bridge, Umra Road, Hansi where he spotted blood lying in large quantity. It has further been alleged by him that Davender Chawla and Mohit committed murder of his brother Sanjeev @ Goga. He also disclosed that motive behind commission of murder of his brother, is that a quarrel had taken place between Davender Chawla and Sanjeev @ Goga regarding which a case was pending between them in the court. He also identified shoe of his brother. It was also alleged by him that even Davender Chawla and Mohit had confessed their guilt for committing murder of his brother Sanjeev @ Goga before Naresh son of Bansi Lal resident of Roop Nagar Colony, Hansi.

(3.) On the basis of the aforesaid statement, formal FIR Ex.PA was put into black and white by SI, Amar Singh. Prior to this, on receipt of a telephonic message by police on August 04, 2006, ASI Ashok Kumar accompanied by other police officials reached at the spot and took into possession blood stained earth and empty cartridge and a shoe make 'Tracer' after converting the same into sealed parcels. He also recorded the statement of witnesses. Dead body of Sanjeev @ Goga was fished out from the canal and got subjected to autopsy. Accused Mohit was arrested on August 06, 2006 and was subjected to custodial interrogation during which he suffered a disclosure statement and in pursuance thereof he got identified the place of occurrence. On September 25, 2006 Ashwani Kumar was arrested in case FIR No. 385 dated September 25, 2006, under Section 285 IPC and 25 of the Arms Act, registered at Police Station City Hansi, who also confessed his involvement in the commission of murder of Sanjeev @ Goga. Davender Chawla was arrested in case FIR No. 429 dated September 20, 2006, under Section 25 of the Arms Act, Police Station Mukherjee Nagar, Delhi and after obtaining necessary permission from the concerned Court, he was arrested in this case. When he was subjected to custodial interrogation, he suffered a disclosure statement to the effect that he has kept concealed a country made pistol under a tree near Dharamshala at Haridawar about which he has only got the knowledge and could get the same recovered. Accordingly, his disclosure statement Ex.PT was jotted down. After preparation of its sketch Ex.PW and converting the same into a sealed parcel, it was taken into possession by the investigating officer vide memo Ex.P- 17/PX. He also prepared rough site plan of the place of its recovery. An offence under Section 216 IPC was also added. Another accused Ramesh Kumar @ Bori was also arrested and interrogated in this case. After completion of all formalities and receipt of reports from Forensic Science Laboratory, report under Section 173 (2) Cr.P.C. was presented in the court of Sub-Divisional Judicial Magistrate, Hisar, who committed it to the Court of Sessions under Section 209 Cr.P.C. after having complied with provisions contained in Section 207 Cr.P.C. vide order dated November 01, 2006.