DINESH KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against judgment and order dated 20.11.2003 passed by the Court of Additional Sessions Judge (Adhoc), Jhajjar, vide which he had convicted accused Dinesh Kumar and Devender @ Marinda for offences under Sections 302/382 read with Section 34 of Indian Penal Code (for short 'IPC'), sentencing them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine to undergo further rigorous imprisonment for six months for the former offence and rigorous imprisonment for five years and to pay a fine of Rs. 3,000/- each and in default of payment of fine to undergo further rigorous imprisonment for three months, for the latter offence. The substantive sentences were ordered to run concurrently.

(2.) The accused-convicts, who are appellants before this Court, pray that the appeal be accepted, the impugned judgment of their conviction and sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the facts of the case as per prosecution version are that on 11.6.2002, a telephonic message was received at Police Station City Bahadurgarh, that Balaji Textiles Factory situated at Street No. 3, Jhajjar Road, Bahadurgarh, was locked and its Manager Ram Chanderan was lying in tied condition in the canteen. As such, Inspector Rajpal Singh, SHO, along with other police officials went there. The lock of the factory was got broken open and it transpired that Ram Chanderan had expired. Dinesh son of Basant Kumar, resident of Delhi, aged about 24 years, owner of the factory, got recorded his statement Exhibit PA, with the Investigating Officer/IO in which he stated that he is running the concern Balaji Textiles, for the last 7-8 years, where he had employed Ram Chanderan of Nand Nagri, Delhi, as Contractor-cum-Manager, with 12-13 workers having been in employment of that concern; Ram Chanderan, after receiving money from the complainant used to distribute wages to such employees. On 9.6.2002, Ram Chanderan had taken a sum of Rs. 20,000/- from him for that purpose. Ram Chanderan used to stay in the factory throughout all the time; in addition to him some other employees, namely, Devender, Dinesh, Ajit and Kala, used to stay in the same premises in a separate room in the factory. On 10.6.2002, after distribution of wages amount, Kala Ram at 6.00 P.M. and Ajit in the morning, had gone home in Uttar Pradesh. Devender @ Marinda and Dinesh, residents of Modi Nagar, Uttar Pradesh, in addition to Ram Chanderan, remained in the factory premises. On 11.6.2002, in the morning, he received a telephonic message at Delhi from Rajinder, that main gate was locked from inside, while room of the workers was locked from outside and there was no one in the factory.