TEHAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant - Tehal Singh impugning the judgment and order dated 03.11.2009 and 05.11.2009 respectively passed by learned Additional Sessions Judge, Ambala whereby appellant has been convicted and sentenced to undergo rigorous imprisonment for life for the offence punishable under Sections 302 IPC and rigorous imprisonment for a period of four years for the offence punishable under Section 392 IPC.

(2.) FIR No. 72 dated 14.09.2004 was registered under Sections 302, 201, 392, 34 IPC and 25 of Arms Act at Police Station Naggal on the statement of PW4 Karam Singh who informed the police authorities about an unidentified body of a young male lying near his agricultural fields. He revealed that he was going from his residence to his fields as usual. He met his cousin brother Jarnail Singh on the way and they both proceeded on the road leading towards Sonta. When they reached near double pole of electricity on the road at about 9.00 a.m. adjacent to their paddy fields, they saw dead body of a young boy approximately 24/25 years, 5'7" in height having wheatish complexion. They were not aware of his name or address. He was wearing a red shirt, yellow and white lines, a red vest and a black trouser. There was a shoe on his right foot with socks. Left shoe was lying near the dead body. Wrist watch golden in colour was also lying there.

(3.) ON that very day, i.e. 14.09.2004, Sher Singh son of Sharvan Singh (father of the deceased) and other family members reached the site and identified the dead body as that of Sher Singh's son Sukhdeep Singh. It was revealed that Sukhdeep Singh - deceased was employed as a driver of a Quallis bearing registration No. HR -38 -FT/8778 owned by Tirlochan Singh son of Jagir Singh PW21. Thereafter, application Ex. PE was submitted for conducting post mortem of the deceased. Post mortem was conducted by PW24 Dr. Sunanda Jindal and Dr. Kailash Chaudhary. Following injuries were found present on the deceased: -