KRISHAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE two appeals brought by convicts Krishan and Shamsher Singh are directed against judgment of conviction dated November 16, 2010 and order of sentence dated November 18, 2010 whereby learned Additional Sessions Judge, Narnaul (here -in -after referred to as, 'the trial court') has convicted and sentenced them as under:

(2.) CONSPECTUS of events leading to filing of the instant two appeals, put as concisely as one may, reflects that Surender Singh aka Satender aka Kala (the deceased), who was working as a driver with M/s. JSP Service Pvt. Ltd., New Delhi, drove a truck bearing registration No. HR 55B 4965, loaded with tube steel pipes fixed behind refrigerators, from Indore (Madhya Pradesh) to go to Delhi. On May 17, 2008 SI Dilbagh Singh (PW15), on receipt of information that dead body of an unknown person was lying at Kotputli Road in the area of village Nangal Sodha, reached there and on verification having come to know that the deceased belonged to village Khedar, informed his relatives. Nanak (PW3), brother of the deceased, informed Hari Kishan (PW13), maternal uncle of the deceased. Hari Kishan (PW13) and Nanak (PW3) went to the disclosed spot and identified dead body of the deceased. Hari Kishan (PW13) made a statement, Exhibit PQ, before the investigating officer at 09.35 a.m. on May 17, 2008, based whereupon a formal First Information Report (for short, 'FIR'), Exhibit PF, was recorded at 10.30 a.m on that very day by ASI Ganeshi Lal (PW7). SI Dilbagh Singh (PW15) inspected the spot; prepared rough site plan, Exhibit PA, and inquest report, Exhibit P2; got the spot photographed; and recorded statements of witnesses. Dr. Ashok Kumar (PW9) and Dr. Rekha Yadav conducted post mortem on the dead body of the deceased.

(3.) ON May 20, 2008 when the appellants were being produced before learned Area Magistrate at Narwana, investigating officer, having come know of it, reached the court and with the leave of the court formally arrested the appellants. On being interrogated appellants suffered disclosure statements, Exhibits PR and PS, and pursuant thereto got demarcated, vide memorandum, Exhibit PT, the place where dead body of the deceased was thrown by them, besides getting recovered, vide memorandum, Exhibit PE, a spare wheel of the truck, Exhibit P1, and deed of mortgage, Exhibit PD, vide which the spare wheel was mortgaged by the appellants with Dharambir (PW4).