AJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is preferred by appellant -Ajay Kumar alias Mintu against the judgment/order dated 1.2.2011 passed by the Court of learned Additional Sessions Judge, Gurdaspur vide which the appellant was held guilty for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code ("IPC" in short) and sentenced accordingly, whereas his co -accused Kanta was acquitted in this case vide this judgment.

(2.) The case of prosecution in brief was that on 16.03.2005, Police party of SI/SHO Sulakhan Singh of Police Station Division No. 1, Pathankot was present at the turning of Indira Colony, Pathankot in connection with patrolling. There came to him complainant -Lal Singh along with his brother Kamal Singh resident of Gandhla Lahri and made his statement before him, the gist of which is as under: - -

(3.) During investigation, it came to the surface that murder of Sarita and Mehak has been committed by Ajay Kumar alias Mintu (Tantrik), who is resident of Rajasthan in connivance with his colleagues. Call details of Mobile phone No. 9872338661 of Sarita were obtained. From their perusal, it was found that calls on the mobile of Sarita were received from Mobile phone No. 9872170402. Then the name and address of the owner of mobile No. 9872170402 were ascertained and it was found that this mobile phone is belonging to abovesaid Ajay Kumar alias Mintu son of Banwari Lal resident of Kot, Rajasthan. He was apprehended in this case on 02.05.2005 by the Police of Police Station Division No. 1, Pathankot from Fazilka. During his interrogation, it was found that this double murder has been committed by him in connivance with Sonu son of Jagdish Raj and Sunil son of Pawan Kumar resident of Kot, Police Station Udhaipur Wati, Rajasthan. It was also found that when they were absconding, then Kanta wife of Parveen Kumar resident of Kot, Rajasthan at present resident of Mohalla Ramgarhia, Kalanaur, had helped in harbouring them. She was apprehended in this case on 02.05.2005 for the offences under Ss. 212/216 of the IPC. Accused Ajay Kumar alias Mintu got recovered the cloth of red colour which was used in the murder of abovesaid Sarita and Mehak and keys on 08.05.2005 on his demarcation. He also got recovered the mobile phone of Sarita (since deceased) on 13.05.2005 which was taken by them after committing the murder. Then he also got recovered the gold ornaments on 15.05.2005 which were peculated by them after the commission of the crime. Since accused Sunil and Sonu abovesaid could not be arrested in this case, so proceedings for declaring them proclaimed persons were initiated. Blood -stained clothes and cooked vegetable lying in the fry -pan recovered from the spot were sent to the office of Forensic Laboratory Punjab Chandigarh. Visceras of deceased Sarita and Mehak were sent to chemical examiner, Patiala, Punjab. Statements of witnesses were recorded. On the completion of investigation, challan against the accused was presented in the Court of learned Illaqa Magistrate, who after making compliance of the provisions of Sec. 207 Cr.P.C. committed this case to the Court of learned Sessions Judge, Gurdaspur for its trial.