PRAKASH CHANDER ALIAS PINTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.01.2010 rendered by learned Additional Sessions Judge (Fast Track Court), Karnal, whereby appellant-accused was convicted for committing offence punishable under Sections 302/34 of Indian Penal Code (for short 'IPC') and 392/34 Penal Code. Vide order of sentence of even date, he was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000.00 with default clause for committing offence punishable under Sec. 302/34 IPC; for offence under Sec. 392/34, he was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 2,000.00 with default clause.

(2.) Brief facts of the case are like this; that on 25.07.2008, Krishan Kumar ASI, received a telephonic message that a dead body was received in a tanker. He reached the spot where Munish Kumar met him and got recorded his statement (Ex.P15) to the effect that he has been working as a Munim in the Soni Traders, 'Delhi' at the Bitumen plant, Refinery, Panipat, for the last 5 years. He has been sending the loaded vehicle of Bitumen from where the same was requisitioned. On 24.07.2008, at about 7:00 P.M., a truck bearing No. UP-85B-9437, loaded with Bitumen, was sent to Gurgoan. The aforesaid vehicle belongs to their transport company. Rajinder Kumar s/o Birjoo, R/o Piteria Patti, Sultanpur, UP was driver on that truck and there was no Conductor on that truck. On 25.07.2008, at about 7:30 A.M., when he was at home, Kishori Lal s/o Gopal Dass, R/o New Ramesh Nagar, Tehsil Camp, Panipat, a servant at 'Pooja Petro Bitumen' Alipur Khalsa, informed him on his mobile phone No. 94163- 92039 through his mobile number 98121-05200 that "your vehicle has come for selling the Bitumen and there is one more boy along with the driver, who states his name as Parkash and is a Conductor on your vehicle. That the vehicle has been got parked outside the factory." On receipt of this information, he along with another driver namely Ombir s/o Prem Singh and Pardeep s/o Maharaj, reached at 'Pooja Petro', Alipur Khalsa, by a motorcycle make Hero Honda. On reaching there, they found their vehicle lying parked on the road in front of the factory. Not finding his driver Rajinder at that place, he asked from the boy standing near the vehicle who disclosed his name as Parkash s/o Vishvanath, R/o Haveli, Kharakpur, Bihar and stated that he was the Conductor of the vehicle. He asked Parkash to drive the vehicle. Then Parkash had driven the vehicle towards village Alipur Khalsa. Manish, Ombir and Pardeep, all the three were on their motorcycle and followed the vehicle. When the vehicle reached at a distance of about 2 killa, complainant got stopped the vehicle and asked his driver Ombir to sit in the cabin. He told the complainant about the dead body of his driver Rajinder, lying in the cabin with an injury on his head. Parkash had fled away from the spot.

(3.) As per complainant, Rajinder was murdered at night by Parkash by causing injury on his head. Complainant further stated that Parkash has murdered his driver Rajinder with an intention to sell the Bitumen. On this report, ASI Krishan Kumar, made his endorsement Ex.P21. He inspected the place of occurrence and prepared the rough site plan of the spot as Ex.P22. Photographs of the place of occurrence were also obtained. FSL team was called who inspected the scene of occurrence. Inquest proceedings were completed. Dead body of Rajinder was sent for post-mortem examination. Canter, Wheel Pana and Gaiti loha were taken into police possession vide memo Ex. P18. Rough sketch plan of Wheel Pana was prepared as Ex.P16 whereas that of Gaiti loha as Ex.P17. Statement of witnesses were recorded. On reaching the police station, case property was deposited with the MHC. On 26.07.2008, HC Ved Pal handed over parcels which were taken into police possession.