SHYAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants are Shyam (20) and Harender Kumar (18). They have filed this appeal to challenge their conviction by learned Sessions Judge, Faridabad on September 29, 2000 for the murders of Kailash (12) and Satey alias Sat Parkash (14). The dead bodies bearing multiple incised and lacerated wounds were found near the D.A.V. School, Faridabad on the morning of November 11, 1999. The learned Sessions Judge had tried the two appellants as well Ram Chander (42) who was acquitted. Fourth person was Ram Chander's son Ghansi alias Ghansham (juvenile) who was produced before the Juvenile Court.

(2.) On the evening of January 10, 1999 Shyam, Harender and Ghansi (juvenile) went to Satey's house and took him alongwith them to the house of Kailash deceased. Thereafter all five of them were seen playing near the chowk adjacent to Kailash's house by his father Vijender Sharma (PW-4). father of Kailash. Vijender Sharma had seen the five youth at about 8.00 P.M. but after about 20 minutes he could not locate the boys. He and Persy alias Paras Ram (grand father of Satey) began looking for the boys and enquired from Ghansi's father Ram Chander about their whereabouts as they were with his son Ghansi. Ram Chander replied that his son might be lying drunk somewhere. Vijender Sharma and Paras Ram searched for the boys for whole night but in vain.

(3.) On the next morning at 10.00 A.M., when they were passing through Ashok Enclave Park, Sector 37 near D.A.V. School, Faridabad they saw dead bodies of Kailash and Satey. The corpses were lying in the park with injury marks on their bodies and faces caused with sharp edges weapons.