KULBIR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 23.12.2009, vide which both the appellants have been held guilty and convicted for the offences punishable under Sections 364, 302, 201, read with Section 34 Indian Penal Code (for short IPC). Appellant Kulbir was further held guilty and convicted for the offence punishable under Section 25 of the Arms Act, 1959 and the order on quantum of sentence dated 24.12.2009, vide which the appellants were sentenced as under: -

(2.) THE sequence of the events leading to the present prosecution are that PW -15 Sanjay, the brother of the deceased Shamsher @ Sonu moved an application Ex. PS to PW -16 SI Balwant Singh alleging therein that his brother Shamsher @ Sonu was a truck driver. On 24.06.2007 at about 12.00 O'clock in the noon, he alongwith his brother and mother was present on the roof of their house. In the meantime, a young boy aged about 20 -22 years came to their house and called the name of Sonu. His brother came down from the roof in the courtyard and asked to said boy that he does not know him. Then, that boy told him that he and Vijay Pal, both were the drivers on the vehicle of the relative of Ravinder Khati and he should drop him at the house of said Ravinder Khati. A Maruti car was parked near their house, in which 2 -3 boys were sitting. They took his brother Sonu alongwith them. He was looking from the roof. Thereafter, Sonu was searched by them with their relatives, but he had not returned. They had doubt that appellants Kulbir and his friend appellant Ajay @ Makhan and other boys had taken away his brother with intention to kill him as Naseeb, the brother of Kulbir who was a truck driver had died 10 -11 months ago due to electric shock near Delhi. Due to this motive, they had taken his brother with intention to kill him. The family of Kulbir had a grudge against them from that very day. On this application Ex. PS, the formal FIR Ex. PB/1 was registered and the investigation was started.

(3.) ON 01.07.2007, PW -19, Inspector Babu Lal arrested co -accused Pardeep and Deepak (since acquitted) on the basis of secret information. They also suffered the disclosure statements Ex. PX and Ex. PY respectively admitting their involvement in the commission of the crime. In pursuance of their disclosure statement, they pointed out the place where the dead body was thrown. The crime articles were sent to the Forensic Science Laboratory for examination. On completion of the formalities, the report under Section 173 Code of Criminal Procedure (for short Cr.P.C.) was presented in the Court.