SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants-Satish Kumar, Pawan and Ravinder Kumar assail judgment dtd. 25/2/2005 passed by learned Additional Sessions Judge, Karnal vide which the learned trial Court, while holding them guilty of having committed offence punishable under Ss. 302 read with Sec. 34 and 201 IPC, has sentenced them as under:

(2.) The matter arises out of FIR No. 212 dtd. 15/10/2000, Police Station GRP Karnal, under Ss. 302, 201 read with Sec. 34 IPC (Ex.PG/1), lodged on the statement of Multan Singh (Ex.PG). The facts, in nutshell, are that on 10/10/2000 a dead body of an unknown male was recovered on railway track between Baini Khurd and village Taraori in the area of village Shamgarh. Inquest proceedings (Ex.PL) were conducted by Head Constable Dharampal. The dead body was got subjected to post mortem examination and was handed over to 'Jan Seva Dal' Karnal, for cremation.

(3.) On 12/10/2000 Multan Singh (complainant) along with other co-villagers went to Police Station GRP Karnal and upon seeing the photographs of the dead body which had been recovered on 10/10/2000, he identified the same to be that of his nephew Gurjeet Singh. However, he went to his village to confirm about the said fact. It was on 15/10/2000 when a police party headed by SI/SHO Shiv Kumar (PW-15) went to the spot and also made inquiries from villagers that Multan Singh (complainant) got his statement (Ex.PG) recorded. The translated gist of his statement (Ex.PG) is reproduced herein under: