RANDHIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this order, we will dispose of Crl. Appeal No. D -151 -DB of 2009 as well as Crl. Revision No. 789 of 2009. In the Crl. Appeal No. D - 151 -DB of 2009, Randhir Singh (Dhira), Gulaba alias Gaba and Hukam Chand (Hukmi) have challenged the judgment and order dated 7.1.2009, passed by learned Additional Sessions Judge, Kaithal, vide which they have been convicted under Section 302 and 120 -B/34 IPC and sentenced to undergo imprisonment for life and fine of Rs. 10,000/ - each, in default thereof, to further undergo rigorous imprisonment for one year each. They have also been convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 1,000/ - each, in default thereof, to further undergo rigorous imprisonment for three months. However, accused Jiyo and Kuldeep were acquitted of the charges framed against them. In Crl. Revision No. 789 of 2009, Smt. Kamlesh (complainant) has challenged the acquittal of Jiyo and Kuldeep. She has also prayed for enhancement of the sentence passed on accused Randhir Singh (Dhira), Gulaba alias Gaba and Hukam Chand (Hukmi).

(2.) THE State machinery was put in motion on the recording of statement of Surender Singh son of Ram Dia, resident of Karora Dinana Patti on 20.6.2001 at about 9:30 AM, on the basis of which DDR (Ex.PT) was recorded at Police Station Rajound. In the statement, Surender Singh reported that his Bua (father's sister) Rita Devi wife of Rajbir, resident of village Mullana had come to their house about 15/16 days ago alongwith her son Manish, aged about 10 years and daughter Rekha, aged about 6/7 years. Manish went missing on 19.6.2001 in the evening at about 5:00 PM. He (Surender) alongwith other family members had searched Manish, but he could not be found. On 20.6.2001, he alongwith some other persons was searching for Manish in the village, then, 2/3 persons saw the dead body of a boy near the pond. Balwinder, Nafe Singh, Pawan son of Nafe Singh and Krishan son of Fateh Singh also came at the pond and fished out the dead body from the pond.

(3.) THEN , he saw that the dead body was that of Manish. There were no clothes on the dead body. There were some marks of injury on his right cheek, right eye and forehead. There was some swelling on his eyes. His pants and shirt were found lying outside the pond. They took the dead body to their house. Then, he accompanied by Krishan and Pritam Singh son of Risal Singh had come to supply the information to the police. He further stated that he does not know the reason of the death of Manish. Legal action be taken. The police then prepared the inquest report Ex.PU wherein statement of Krishan son of Fateh Singh and Rajbir son of Jagir Singh was also recorded under Section 175 Cr.P.C. Rough site plan (Ex.PC) was prepared.