VIKRAMJIT SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment of ours shall dispose of both the appeals mentioned above, which have been directed against the same judgment of conviction dated 26.09.2009 and order on quantum of sentence of the even dated, vide which both the appellants were held guilty, convicted and sentenced as under: - -

(2.) THE brief facts giving rise to this prosecution are that PW14 Rajnish Kumar, son of deceased Suresh Kumar, submitted an application to PW21 Miyan Singh ASI alleging therein that on the previous night at about 10:00 p.m., his father Suresh Kumar had gone for a walk towards ITI school, however, he did not return. On search, his slippers were found near I.T.I. School. It was apprehended that some unknown persons had kidnapped his father. On the basis of this application, formal FIR Ex. P22 was registered and investigation was initiated.

(3.) ON the night intervening 2/3.5.2008, accused appellant Randhir Singh was apprehended on the basis of secret information from his house. On 03.05.2008, appellant Randhir Singh suffered the disclosure statement Ex. P41. In pursuance of the said disclosure statement, he pointed out the place of abduction of deceased Suresh Kumar vide memo Ex. P47. Then he led the police to Bhakhra Canal and pointed out the place where the dead body of Suresh Kumar was thrown in the Bhakhra Canal vide memo Ex. P78. The Investigating Officer also inspected the site. One foot mark was found on the road. One visiting card, watch of the deceased and blood stained earth were also lying there. The mould of the footprint was lifted. The articles found at the spot were taken into possession vide memo Ex. P48. The dead body was recovered at about 06:00 p.m. near the Damkora Head from the Bhakhra Canal. The dead body was identified by Satpal and Rakesh. The dead body was handed over to ASI Miyan Singh for the postmortem examination.