BABU LAL AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE abovesaid appellants have assailed the judgment dated 24.1.2003 and order of sentence dated 25.01.2003 passed by the Court of learned Additional Sessions Judge, Faridabad in criminal case bearing FIR No. 165 dated 16.05.2001 under Sections 302/34 IPC, Police Station GRP, Faridabad vide which they were held guilty for the offence punishable under Section 302 read with Section 34, IPC and convicted thereunder.

(2.) BRIEFLY stated the case of prosecution before the learned trial Court was that on 30.01.2001 at about 9:30 A.M. a ruqa was received in Police Station G.R.P., Faridabad from Deputy Station Superintendent, Faridabad that one unknown person who was cut with some train is lying on fourth line in between junction cabin and Tuglakabad K.M., 1517/16 -18. On this HC Ved Ram, 84, along with C. Jagdish, 830, and sweeper Hans Raj went to the spot for conducting proceedings under Section 174, Cr.P.C. When they reached at the spot they found the dead body of Rohtash s/o. Ghisa Ram r/o. Kotda, Police Station Neemka, District Sikar Rajasthan lying there. Inquest proceedings in respect of his dead body were conducted. Statements of witnesses under Section 175 Cr.P.C. in this regard were recorded. Post -mortem on the dead body of deceased was got conducted and thereafter the dead body was handed over to the guardians of the deceased.

(3.) ALL the accused were charge -sheeted for the offence punishable under Section 302 read with Section 34, IPC, by the learned trial Court, to which they pleaded not guilty and claimed trial.