LALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose off two criminal appeals, i.e., CRA-D-652-DB of 2004 titled as "Lala Vs. State of Haryana", and CRA-D-366-SB of 2005 titled as "Irshad Vs. State of Haryana", whereby, the appellants have challenged the common impugned judgment and order dtd. 12/4/2004, vide which, the appellants were convicted for the commission of the offences under Ss. 302/34 IPC and were sentenced to undergo imprisonment for life and to pay fine of Rs.5,000.00 each under Sec. 302 IPC alongwith default stipulation. They were further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.2000.00 each under Sec. 201 IPC alongwith default stipulation.

(2.) The FIR Ex.PA/1 in the present case was registred on the basis of the complaint Ex.PA moved by Hukam Chand son of Moti Ram and the same has been reproduced below:-

(3.) After the registration of the FIR, both the accused were arrested by the police on 11/2/2003. In police custody, accused Lala made disclosure statement that he and other co-accused Irshad and Ganga Ram, since deceased, had liqour at Chacha Chiken Corner and a dispute arose between Irshad and Ganga Ram. Firstly, they gave blows to Ganga Ram and then he was taken to tubewell of Master Hari Chand in the area of village Jodhpur. Again, he was beaten up and was strangulated to death, inside the tubewell room with his own muffler. They had put Ganga Ram, since deceased, in a car and the dead body was thrown in the Agra Canal. Irshad also made similar disclosure statement and both the accused led the police and witnesses to the specified place. Lala got recovered pant and shirt of Ganga Ram, since deceased, from a place behind his own tubewell near the tubewell of Master Hari Chand. Irshad, accused also got recovered a lagging, sweater and shoes of Ganga Ram, deceased in the room of his house. The belongings of deceased were taken into possession by the police and separate recovery memos were prepared in this regard. On 17/2/2003, the dead body of Ganga Ram was recovered in a highly decomposed condition and the postmortem examination was conducted on the dead body. During the course of investigation, both the accused had also identifed the place of throwing the dead body and memo in that behalf was also prepared. After completion of investigation, the report under Sec. 173 Cr.P.C. was prepared by SI Krishan Kumar and was presented before the Court of Area Magistrate.