VINOD AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two appeals and a revision petition arise from the judgment of the learned Sessions Judge, Sirsa, dated 05.05.2009. Criminal Appeal No. 633 of 2009 has been filed by Vinod and Perhlad, both sons of Gangajal, residents of village Malikpura, District Sirsa, against their conviction by the learned trial Court, for the commission of an offence punishable under Sec. 302, read with Sec. 34 of the IPC and their consequent sentencing to life imprisonment and payment of a fine of Rs. 5000/ - each, in default of which they have been ordered to further undergo rigorous imprisonment for one month each.

(2.) The facts giving rise to the case, are that on 20.02.2008, Surjit Kumar son of Jiwan Ram, aged about 21 years (petitioner in Criminal Revision No. 2885 of 2009), is shown to have stated before SI Ranbir Singh, SHO, P.S. Odhan, District Sirsa, at that he (complainant) and his uncle, Chhotu Ram son of Ram Kumar, were present at his uncles' shop when they heard a noise at about 1:00 AM and came outside the shop and saw that Vinod Kumar, Perhlad, Satpal and Mohan Lal aforesaid, were dragging his brother, Sandeep Kumar, by holding his hands and legs, towards the house of Sohan Lal son of Mani Ram, caste Jat, resident of village Malikpura.

(3.) The above statement (Ex. P -15) is stated to have been recorded at Bus Stand, Mithri, when the police party was present there at 11.50 a.m., on 20.02.2008. Having been recorded and sent to the Police Station for registration of the FIR, and for sending the special reports to the Area Magistrate and police officers, the SHO is stated to have gone to the spot with a police party, to find a large number of people gathered there. The names of 15 people have been recorded in his report, by the Investigating Officer (aforesaid SHO, SI Ranbir Singh). The said list includes the complainant, Surjit Kumar, his uncle Chhotu Ram, and Sunita Devi, along with 12 others. The said report was exhibited as Ex. P4 before the trial Court.