RAVI KUMAR & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 13.01.2010 rendered by learned Additional Sessions Judge, Gurgaon whereupon appellants-accused were convicted for committing offence punishable under Sections 396, 302 and 201 of the Indian Penal Code (for short 'IPC'). Vide order on sentence dated 18.01.2010, each one of the accused was sentenced to undergo imprisonment for life and fine of Rs. 5,000/- with default clause for committing offence under Section 302 IPC; to undergo imprisonment for life and fine of Rs. 5,000/- with default clause, for committing offence under Section 396 IPC and to undergo rigorous imprisonment for 3 years and fine of Rs. 2,000/- with default clause for committing offence under Section 201 IPC.

(2.) Brief facts of the case are like this; that on 26.10.2006 ASI Randhir Singh received a telephonic message that dead body of a person was lying in the bushes at Gurgaon-Patuadi road in the revenue estate of village Jhund Sarai. On this information, he along with police officials reached the spot and found Jagmohan (PW-10) present by the side of the dead body who got his statement, Ex. PU, recorded to the effect that he is resident of village Pranpura. About one and half years ago, murder of his younger brother Vinod Kumar was committed by Sunil son of Sube Singh. In that case, the prosecution evidence was completed. However, the aforesaid case was pending in the Sessions Court at Rewari. Dharambir (deceased) son of Bhagwan Singh who was his brother-in-law (bahnoi) in relation and was living with them for the last 5 years and running a retail shop at village Pranpura road at Nangal Buchi turning. In the aforesaid murder case, Ex-Sarpanch Babu Lal was a witness. Sister of Sunil's father is married to Umed Singh son of Ramji Lal Ahir of their village. As such, Sunil's father along with his brother-in-law Sube Singh has been putting pressure on their witnesses for compromise. He was also putting pressure on his brother-in-law Dharambir. About ten days back, in the presence of Jasram son of Roshan Lal, Dharambir had told that pressure was being put on him for arranging compromise and asked as to what should be done. Jagmohan further reported that at about 5.45 pm his brother-in-law Dharambir, after closing his shop, had left for his house at Jhund Sarai by Haryana Roadways bus but he did not reach home. That day, he received an information that dead body of Dharambir was lying near the road at a place in between Babra and Jhund Sarai. On receipt of aforesaid information, he along with Siri Ram son of Bhup Singh, Ram Avtar son of Hardayal and Sube Singh son of Ganpat reached the spot. Jagmohan, complainant, further stated that murder of Dharambir has been got committed by Sunil from his companions by planning, as Dharambir was obstructing in arriving at compromise in the aforesaid murder case. After committing murder, with an intention to destroy the evidence, the dead body was thrown here near Jhund Sarai.

(3.) On the statement of Jagmohan, endorsement, Ex. PU/1, was made and the same was sent to police station for registration of the case whereupon formal FIR, Ex. PU/2, was recorded. Photographs of the place of occurrence was got obtained. Site plan of the place of occurrence was also prepared as Ex. PSS. Inquest proceedings were completed. Blood stained earth was lifted from the spot. Blood stained bushes were also taken from the spot and converted into two separate parcels which were duly sealed and were taken into police possession, vide memo Ex. PF and Ex. PG. Thereafter, dead body of deceased was sent to Civil Hospital, Gurgaon for its post-martem examination. Postmartem report is Ex. PW. Case property was deposited with the MHC of police station. After post-martem, dead body was handed over to relatives of the deceased, vide receipt Ex. PH/1. On 28.10.2006, statement of Santosh wife of Dharambir-deceased was recorded.