GOPI CHAND AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment would dispose of Murder Reference No. 6 of 2005: State of Haryana v. Gopi Chand and Bhupinder and also Criminal Appeal No. 320 -DB of 2005: Gopi Chand and Bhupinder v. State of Haryana, as common judgment dated 23.3.2005/2.4.2005, rendered by the learned Additional Sessions Judge, Faridabad, is in question.

(2.) F .I.R. No. 357 dated May 22, 2003 had been registered under Sections 302/404/34 of the Indian Penal Code at Police Station City Ballabhgarh on the statement of Gopi Chand son of Madhav Singh aged 23 years one of the accused. The facts stated in the FIR are, that murder of Ramwati wife of Gopi Chand and Rahul son of Gopi Chand aged 6 years had been committed.

(3.) THE prosecution has examined as many as 18 witnesses in support of the charges against the accused. The accused were examined under Section 313 of the Code of Criminal Procedure and the plea of both the accused is that they have been falsely implicated in the case. The accused have examined Head Constable, Police Station, Ballabghgarh for proving the FIR which has been exhibited as Ex. D1, claiming that the murder of his wife and son is an act of dacoity, which had been duly notified to the police by him himself. However, this FIR has also been proved by the prosecution and has been exhibited as Ex. PD/1 by the Investigating Officer i.e. S.I. Dhan Singh, who has appeared as PW9.