SOMBIR ALIAS SONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 11.01.2003 and order of sentence dated 14.01.2003, passed by the learned Addl. Sessions Judge, Sonepat, whereby he was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- under Section 302 IPC.

(2.) The brief facts of the case are that the FIR in the present case has been registered on the statement of Ishwar Singh, who got recorded his statement to ASI Ishwar Chander on 22.05.2001. Complainant Ishwar Singh stated that they are five brothers. The eldest brother is Satbir, then he, followed by Jagbir, Ranbir and Karambir. His brother Jagbir was driver on a truck. On that day, at about 10 O'clock, in the morning, his brother brought the truck bearing registration No.HR-46A-8989 loaded with coal from Guwahati to Shanker Bhatta Company situated in village Jalalpur Kalan. Sombir @ Sonu, who was working as conductor with his brother, came to him. At about 11 O'clock, his brother, he (complainant), Krishan and conductor Sombir @ Sonu went to Shanker Bhatta Company by sitting in the same truck. His brother Jagbir unloaded the truck at Shanker Bhatta and took Rs. 20,000/- from the Bhatta owner. Then they started for their village Kheri Damkan. At about 9.00 p.m., when they reached ahead from village Butana towards Gohana near the water channel, the complainant asked his brother Jagbir to stop the truck as he wanted to get fresh. Complainant and Krishan went towards the water channel for answering the call of nature. Complainant's brother Jagbir and conductor Sombir @ Sonu remained in the truck. After some time, they heard noise of the truck which collided with trees on the left side of the road. Then they reached at the spot. The complainant found his brother in pool of blood. Jagbir (now deceased) told him that conductor Sombir @ Sonu had hit him on the head with an iron rod for the lust of money and he had fled away after taking money and injuring him. The complainant was waiting for a vehicle to take his brother to a hospital but Jagbir died on the spot. Then the complainant went to police post to report the matter. On the basis of this statement, ruqa was sent to the police station at 11.40 p.m., upon which, FIR was registered at 12.15 a.m. Special report was sent to the officers. ASI Ishwar Chander reached the spot along with police officials. The spot was inspected. Inquest proceedings were conducted. Dead body of Jagbir was sent for post mortem examination. Site plan was prepared. The statements of the witnesses were recorded. Accused was arrested. After necessary investigation, challan was presented against the accused-appellant.

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellant under Section 207 Cr.P.C. Finding prima facie case, the appellant was charge-sheeted under Section 302 IPC, to which he pleaded not guilty and claimed trial.