HARUN AND ANOTHER Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 21.9.2004/24.9.2004 of the learned Additional Sessions Judge, Panipat whereby he convicted Appellants Harun son of Matloob and Saleem son of Matloob under Sections 302/34 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - each, in default, to further undergo RI for one year. They were also convicted under Section 201 I.P.C. and sentenced to undergo RI for two years and to pay a fine of Rs. 2,000/ - each, in default, to further undergo RI for six months. Both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution is unfolded by the statement Ex.PB of Lila Sarpanch of Village Garhi Basic. Lila stated that he was in friendly terms with Matloob son of Kutub. Matloob used to tell him that his sons Harun and Saleem quarreled with him. Harun suspected that Matloob was having illicit relations with his wife. Lila called Harun and convinced him that his father did not have any illicit relations with his wife. On 1.2.2002 Salmo daughter of Matloob came to the house of Lila and told him that Matloob had disappeared and was not seen since Tuesday evening. She further told him that both her brothers were also missing since Wednesday. Lila went to the house of Matloob and saw blood stains in the room where Matloob used to sleep. Salmo stated that she had gone to the fields and found something buried in the wheat fields. Jamil Numberdar and Jinda son of Kutub went to the fields. They inspected the spot and found the stains of blood on the wall of the residential room of Matloob. Thereafter they went to the fields and found the earth soft in a part of the wheat fields. The matter was reported to the police. On the basis of this statement F.I.R. Ex.PB/1 was recorded on 1.2.2002 at 6.40 p.m. Special report reached the Illaqa Magistrate at Panipat on the same day at 7.40 p.m.

(3.) LEARNED Counsel for the Appellants has argued that nothing was recovered from Appellant Saleem, nor did he have any motive to commit the murder of his father Matloob. The only eye -witness to the occurrence Booba PW -13 gave his statement under Section 161 Code of Criminal Procedure to the Investigating Officer on 1.2.2002. Occurrence had taken place on the night of 29.1.2002. No explanation has come forward, from his side as to why he kept silent for 2 days. Kassi and Pharsa were recovered from Appellant Harun and apart from this recovery, there is no evidence with the prosecution to show that Appellant Harun was the one who committed the murder. No witness has been produced to prove the motive, that deceased Matloob, father of the Appellants was having illicit relations with Appellant Harun's wife.