USMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sole appellant-Usman has filed the present appeal against the impugned judgment of conviction dated 09.02.2011 and order of sentence dated 10.02.2011 passed by learned Additional Sessions Judge, Panipat, vide which he was convicted and sentenced in the following terms:- <FRM>JUDGEMENT_145_LAWS(P&H)7_2017_1.html</FRM> All the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that complainant-Ashrat Ali (PW3) gave an application (Ex. PW3/A) to the SHO, P.S.Chandni Bagh, Panipat and English translation of the same is as under:-

(3.) On the basis of above complaint, an FIR (Ex. PW-18/A) was registered. The police investigated the matter and during the course of investigation, Usman was arrested and he made a disclosure statement (Ex.PW-3/B) to the effect that he along with his brother-in-law (Jija) and friend Raju abducted Gulam Navi @ Sonu (hereinafter referred as deceased) on 14.12.2008 and committed murder by pressing his neck with the belt and his dead body was thrown on Malikpur side of small canal and which can be recovered after demarcation of the place and in pursuance thereof, he got recovered the dead body. Thereafter, on 01.01.2009, again the disclosure statement Ex.PW3/C of the appellant was recorded and he stated that on 30.12.2008 and 31.12.2008, he had made disclosure statements but did disclose some facts and stated that he along with his brother-in-law, namely, Dilshad, R/o Kandhia and his friend Raju made a joint plan on 14.12.2008 at Dhoop Singh Nagar and had taken away deceased on the pretext of going to a movie in a theater at Kandhla (UP) and after watching the show from 3:00 to 6:00 P.M., they all three brought the deceased at a vacant place near small canal at Kandhla and tied both his hands with shirt and killed him by pressing his neck with belt and his dead body was thrown into the canal and got recovered the belt, mobile phone and SIM.