AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 4.2.2003 vide which learned Additional Sessions Judge (Ad hoc), Jhajjar had convicted accused Ajit Singh under Sections 302/34 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default thereof, to further undergo rigorous imprisonment for six months.

(2.) The accused-convict, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) In nutshell, the prosecution story is that complainant - Azad Singh son of Sohan Lal of Yadav community, resident of Kheri Khumaar, aged about 45 years, an Ex-serviceman, engaged in avocation of agriculture along with his younger brother Surender Singh, aged about 38 years had installed a sugarcane crusher. They had employed Subhash son of Kundan Chulia, resident of Assan Kalan, District Panipat as a driver on their tractor. On 31.1.1997, Surender Singh was taken by Subhash with him stating that pakawas (persons who prepare jaggery) were available with his sister's husband Babu Ram, resident of Khera Kultan, Police Station Kandla, District Muzaffarnagar (U.P.) and Surender Singh should go with him along with money. Accordingly, Surender Singh accompanied Subhash. At that time, Surender Singh was having Rs. 20,000/- with him. However, neither Surender Singh returned home nor anything was heard about Subhash. Complainant Azad Singh launched a search for his brother but to no effect. He lodged information on 14.2.1997 with the police of Police Station Jhajjar that his brother Surender Singh was not traceable. Thereafter, he informed the police of Police Station Jhajjar on 17.2.1997 that he had a doubt that Subhash driver had taken away his brother in order to kill him out of greed for money. A police party headed by SI Sat Narain (hereinafter referred to as Investigating Officer/IO) was present at village Kheri Khumaar in connection with patrolling and excise checking, the said police officer recorded statement Ex.PA of Azad Singh - complainant. He appended his endorsement Ex.PA/1 below such statement and sent ruqa to the police station, on the basis of which formal FIR Ex.PA/2 was recorded by HC Satbir Singh at Police Station Jhajjar. On 20.2.1997 SI Sat Narain went to the Police Station Kandla (U.P.) where clothes of dead body were available. Those clothes were identified to be those of Surender Singh by his brother Mahender Singh and cousin Sham Singh. SI Sat Narain prepared a parcel of those clothes sealing it with his seal bearing impression 'SN' and the said parcel was taken into possession vide memo Ex.PG attested by HC Surender Pal Singh and Mohinder Singh. The inquest papers regarding dead body of Surender Singh which had been prepared by police of Police Station Kandla were taken into possession by SI Sat Narain. On 19.5.1997, the IO took Sumit Kumar, Constable/Draughtsman to village Khera Kultan, P.S. Kandla (village of accused Babu Ram), who prepared site-plan of house of Ajit Singh where murder of Surender Singh had allegedly taken place, the said site-plan being Ex.PB. Thereafter, Sumit Kumar, Draughtsman was taken to the place at canal in the area of village Isapur, where the dead body was allegedly thrown and he prepared the site-plan of that place as Ex.PC. During the course of investigation, accused Ajit Singh and Babu Ram were arrested whereas accused Subhash had committed suicide.