RAMPHAL Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) This appeal has been filed by the complainant-Ramphal against the judgment dated 27.09.2013 passed by Sessions Judge, Fatehabad, acquitting respondent no.2 (Manjeet Singh) of the charge for offence punishable under Sections 302, 201 read with Section 34 IPC in case bearing FIR No.203 dated 07.08.2010 at Police Station City Tohana, District Fatehabad.

(2.) The FIR (Ex. P-2) was registered on the complaint (Ex P-1) of Ramphal wherein he had stated that in the morning of 01.08.2010 accused- Manjeet Singh and Kala son of Bira @ Balbir Singh (since expired) came to the complainant and asked his brother Bhim Singh (later referred to as the deceased) to accompany them to Haridawar. They also offered help in recovering a sum of Rs. 5,000/- from village Loha Khera. Bhim Singh accompanied accused-Manjeet Singh and Kala on motorcycle. But in the evening the news of the deceased falling in the canal at village Loha Khera reached the complainant and the search started to find his dead body. On 02.08.2010, Shamsher PW-5 met the complainant and informed him that he had seen the deceased consuming liquor with two boys at canal.

(3.) On 05.08.2010 a dead body was recovered from the canal by the police of Police Post, HUDA, Sirsa. On receipt of information, the complainant reached there and found the dead body as that of his brother Bhim Singh.