MADAN MOHAN @ DAVID Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant Madan Mohan @ David (in short the accused) and one Amar Nath faced a joint trial under Sections 302 and 201/34 of the Indian Penal Code before the Addl. Sessions Judge, Kurukshetra. On completion of trial, the accused Madan Lal was convicted for both the offences under Sections 302 and 201/34 IPC and sentenced to undergo life imprisonment with a fine of Rs. 1000/- under Section 302 IPC; in default of payment of fine to undergo further rigorous imprisonment for six months, under Section 201 IPC he has been sentenced to undergo one year's rigorous imprisonment. Both the sentences have been directed to run concurrently.

(2.) THE brief facts of the case as set out by the prosecution are that the accused Madan Mohan was employed in the Press Department of Kurukshetra University. The deceased Balinder Singh was a student of B.A. 3rd year and was occupying room No. C-70 in Bhim Hostel of the said University. Ajmer Singh PW-10 was occupying room No. C-73 in the same Hostel, adjoining the room occupied by the deceased. On 4.5.1992 at about 7/8 PM the said Ajmer Singh (PW-10) was sitting with the deceased in his room No. C-70 when the accused Madan Mohan, Amar Nath alias Sethi and Charan Singh (absconder) cane to the room of the deceased and told him that they would help him in getting through the examination if Rs. 4000/- were paid to them. The deceased took the currency notes from his box and accompanied the accused on his bicycle. He did not return in the night and the next day as well. Next day Ajmer Singh (PW-10) enquired from the accused Madan Mohan alias David regarding the where-abouts of the deceased and was told that the deceased had gone to his house as he was short of money. The father of the deceased namely Baru Ram (PW-9) on 8.5.1992 came to Kurukshetra to see his son and not finding him there in the room, he made enquiries from Ajmer Singh (PW-10) about his where-abouts. He told him as to what had transpired on 4.5.1992 between the deceased and the accused and between him and the accused Madan Mohan on 5.5.1992. The father of the deceased became suspicious and lodged the report Ex.PE with SI Bir Singh (PW-16), Incharge Police Post Third Gate, Kurukshetra University at about 9 PM and expressed his suspicion against the said Amar Nath, the accused and the absconder of having abducted his son and killed him.

(3.) HEARD Mr. K.S. Ahluwalia, counsel for the accused and Mr. N.K. Sanghi, Deputy Advocate General, Haryana, for the prosecution, also bestowed our thoughtful consideration over the record on the file.