STATE OF HARYANA Vs. PANCHO

JUDGEMENT

(1.) CRIMINAL Appeal No.854 -DB of 2004 has been filed by Pancho while Criminal Appeal No.900 -DB of 2004 has been filed by Pratham and Gajraj appellants to challenge their conviction and sentence recorded against them by the Additional Sessions Judge, Faridabad on 6/7.10.2004. In the case of Pancho, this Court has also received Murder Reference No.6 of 2004.

(2.) BRIEFLY stated, the facts of the prosecution case, as brought out in the testimony of its witnesses, are that on 8.2.1999 at 8.40 A.M., Jagat Singh son of Partap Singh, resident of Aurangabad lodged a report to the effect that his brother Kartar Singh, who had on 7.2.1999 gone to the Sugar Mill, Palwal on his own tractor, for which no registration number had, till then, been obtained for bringing back two unloaded trollies of Sugar cane that were already parked outside the Sugar Mill. On the morning of 8th, at about 7 A.M. the family of Jagat Singh had been informed that the dead body of Kartar Sigh was lying in a pool of blood at a distance of 10 feet near the road in the fields of Jagbir Singh resident of Gopalgarh. Both the trollies were parked on the road side but the tractor was not at the spot. Jagar Singh suspected that some unknown persons had opened fire, which hit his brother on his waist as a result of which injuries, Kartar Singh had died and these unknown persons had taken away the tractor. The FIR was recorded by PW12 ASI Keshav Ram, Incharge, Police Post, Aurangabad and the special report in relation to this case reached the Judicial Magistrate, Palwal at 12.35 P.M.

(3.) ON 25.4.1999 Gajraj was arrested and during his remand, he made a disclosure statement regarding his having kept concealed three pieces of rope which had fallen to his share in his house, which he could get discovered. The disclosure statement was reduced into writing as Ex.PN, which was attested by Samunder Singh and Chhatar Parsad. Thereafter, Gajraj got discovered three pieces of rope from the place pointed out by him which was taken into possession through recovery memo Ex.PN/1. During interrogation, the Investigating Officer had prepared site plans Ex.PK/2, Ex.PJ/2, Ex.PL/ 2 and Ex.PN/2 in relation to the place from where Shishu, Pratham, Pancho and Gajraj had got discovered the articles. During investigation, Shishu accused had died. The Investigating Officer recorded the statements of the witnesses and on completion of the investigation, the challan was put in the court of Illaqa Magistrate, who in turn, had committed the case to the Court of Session for trial.