MANOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment would dispose of Crl. Appeal No. 39- DB of 2001, Crl. Appeal No. 62-DB of 2001 and Crl. Appeal No. 395-DB of 2001 as they have been filed against a common judgment of conviction dated Sept. 15th , 2000 and order of sentence dated Sept. 18th , 2000 passed by Additional Sessions Judge, Sonepat whereby above named accused-appellants were convicted and sentenced as under:- Offence Sentence Fine In default under Sec. 302 Indian Penal Code Life imprisonment Rs. 10000.00 RI for 3 years under Sec. 392 Indian Penal Code Seven years Rs. 5000.00 RI for 2 years The sentences were ordered to run concurrently.

(2.) Hari Om (deceased) was a driver on car No. DHE-3836 owned by Partap Singh (PW-18). He used to ply it as a taxi from Taxi stand, Bhiwani. On Aug. 10th , 1998, Hari Om along with his brother Sumer Singh (PW-13) came to Taxi Stand Bhiwani. At about 9 AM, Manoj, Dinesh Kumar and Mukesh Kumar accused-appellants came to Taxi Stand and hired the car of Hari Om to go to Sonepat. The accused were known to Sumer Singh. Hari Om did not return. Sumer Singh kept on waiting for him upto Aug. 12th , 1998. A search was made but no clue was found about his whereabouts. On Aug. 13, 1998 Sumer Singh went to Partap Singh and asked about the whereabouts of Hari Om. Partap Singh informed him that since Hari Om did not return, he was also worried. On the same day, Sumer Singh went to the village Thana Kalan to which all the accused belonged to inquire about Hari Om but he was informed that all of them were absent from village for 3-4 days.

(3.) On Aug. 13th , 1998 Sibban resident of village Jaunpur and Rakesh Sarpanch of Gram Panchayat Jaunpur informed Daya Chand, Assistant Sub-Inspector (PW-5) Police Station Rai, District Sonepat that a dead body of a male was lying in sugarcane field near Yamuna Bandh in the revenue estate of village Jaunpur. On the basis of the said information, Daily Diary Report (Exhibit PG/2) was recorded.