RAJ KUMAR @ RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals have been preferred by appellants-accused Raj Kumar @ Raju son of Nafe Singh and Sonu @ Soni son of Tara Chand against judgment of conviction dated 20.1.2010 whereby both the appellants were held guilty for the offence punishable under Section 302 read with Section 34 IPC. Vide order of sentence dated 22.1.2010, each one of the accused was sentenced to undergo imprisonment for life and fine of Rs.15,000/-, in default of payment of fine, to undergo rigorous imprisonment for two years, for committing murder of Ram Niwas.

(2.) Briefly, prosecution case is like this: that on 2.1.2009, on receipt of medical ruqa Ex.P9 from Community Health Centre, Tosham about admission of injured Ram Niwas son of Shish Pal, ASI Chhote Lal went there. He collected the MLR of Ram Niwas and moved application Ex.P10 before the doctor for seeking his opinion as to if RamNiwas was fit to make statement or not. Doctor vide report Ex.P11, opined that the injured was fit to make statement, whereupon, statement of Ram Niwas was recorded as Ex.P12 by the police.

(3.) On 3.1.2009, ASI Chhote Lal visited the spot and prepared rough site plan of the spot as Ex.P21. Burnt clothes Ex.P28, empty bottle smelling diesel Ex.P27 and match box Ex.P26 were taken into police possession vide memo Ex.P6. On that very day, accused Raj Kumar was arrested.