MATRU MAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order of Sessions Judge, Kurukshetra, dated 16-1-1987, whereby both the accused were convicted under Section 302/34, Indian Penal Code, and, each of them was sentenced to undergo imprisonment for life. These two accused were further convicted under Section 328 read with Section 34, Indian Penal Code, and were sentenced to undergo rigorous imprisonment for five years each, Criminal Appeal No. 37-DB of 1987 has been filed by both the accused against their conviction and sentence, whereas, Narinder Pal, first informant, has filed Criminal Revision No. 170 of 1987 for the award of compensation to the heirs of the deceased. Both the appeal, as well as, the revision, shall be disposed of by one judgment.

(2.) IN brief the facts of the prosecution case, which emerge form the first information report lodged by Narinder Pal (P.W. 7), are, that his brother Anil Kumar (deceased) had entered into an agreement for purchase of shop No. 42 form both the accused, as well as, their father Rajinder Kumar, for a consideration of Rs. 48, 000/-. Out of the said amount, Rs. 25, 000/- had been received by the accused-party as earnest money from Anil Kumar (deceased), and, the sale-deed was to be executed, and, registered on or before 1.6.1986. The accused-party did not get the sale-deed registered by the said date, and, would put off the matter on one pretext or the other, in spite of repated requests made by Anil Kumar (deceased) to the accused, either to get the sale-deed registered or to return the earnest money.

(3.) ON receipt of ruqa from Civil Dispensary, Ladwa, A.S.I Ram Prakash (P.W. 10) first went to the said dispensary and was informed by the doctor that Anil Kumar had already been referred to Kurukshetra, and subsequently to P.G.I. On receipt of this information, A. S.I. Ram Parkash (P.W. 10) along with other police officials, came to Chandigarh and recorded the statement of Narinder Pal P.W. at 11.10 P.M. on the same night. On the basis of the said statement, formal first information report was subsequently registered at police Station, Ladwa, at 10.40 A.M. On the next morning of the occurrence, special report reached the Ilaqa Magistrate at Kurukshetra on that very day at 2.30 P.M.