RAVI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The convict-Ravi Kumar (hereinafter referred to as the accused) has filed the present appeal against the judgement of conviction dtd. 23/10/2009 and order of sentence dtd. 26/10/2009 passed by the learned Additional Sessions Judge, Faridabad in Sessions Case No. 68 of 2008 titled State Versus Ravi Kumar whereby the accused was convicted and sentenced to undergo life imprisonment and to pay fine of Rs.1,000.00 and in case of default in payment of fine to further undergo rigorous imprisonment for a period of 6 months under Sec. 302 of the Indian Penal Code, 1860 (for short "the I.P.C.") and to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs.500.00 and in case of default in payment of fine to further undergo rigorous imprisonment for a period of 3 months under Sec. 201 of the I.P.C. Both the sentences were ordered to run concurrently.

(2.) Briefly stated, the case of the prosecution is that on 22/4/2008, Braham Singh, Inspector/SHO Police Station, Sarai Khawaja, along with Constable Jora Singh was present in Gypsy driven by EHC Rajesh on Sarai Chowk for VIP duty. Information was received by VT from control room that one dead body was floating in Ganda Nala(drain) (hereinafter referred to as "Ganda Nala") NTPC near Khadda Colony, Delhi in the area of village Basantpur, Faridabad. On receipt of the information, Braham Singh, Inspector/SHO along with the staff reached the spot where Police Post In-charge ASI Karamvir Singh along with the staff, Yogesh Verma and 8-10 persons met him.

(3.) After supplying copies of the charge-sheet and documents enclosed therewith to the accused, case was committed to the Court of Sessions by learned Judicial Magistrate 1st Class, Faridabad. On finding prima facie case, charges under Sec. 302 and 201 of the I.P.C. were framed against the accused by learned Additional Sessions Judge, Faridabad to which the accused pleaded not guilty and claimed trial.