ANIL AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Anil and Bhim Singh have filed the present appeal challenging judgment dated 14.6.2010 and order dated 15.6.2010 passed by learned Sessions Judge, Narnaul vide which they have been convicted for committing offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860 (for short, 'IPC') and have been sentenced to undergo imprisonment for life and to pay fine of Rs. 30,000/- each.

(2.) The matter arises out of FIR No.155 dated 25.8.2008 under Section 302 read with Section 34 IPC Police Station Ateli, lodged on the basis of application (Ex. PA) submitted by Ram Niwas. The translated gist of the application reads as follows:

(3.) Upon registration of FIR, the police conducted investigation in the matter. Inquest proceedings were conducted. The dead body was sent for postmortem examination. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded under Section 161 Cr.P.C. After conclusion of investigation, report under Section 173 Cr.P.C. was filed in the Court of learned Judicial Magistrate 1st Class, Narnaul, against accused Anil and Bhim Singh while the remaining two accused namely-Raghubir and Laxmi Narain were found innocent. It may here be added that subsequently during the course of trial the prosecution moved application under Section 319 Cr.P.C. for summoning of Raghubir and Laxmi Narain but the same was dismissed.