AJIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON the night of September 15, 2002 Vijender (25) son of Raj Kumar of Baroda, Police Station Uchana, District Jind, disappeared from his house. The matter was reported to the police on September 23, 2002 and later FIR was registered on September 26, 2002 under Section 364/34 IPC. However, unknown to the Uchana police, Vijender's dead body was found floating in the Rajli Canal near a railway line (District Hisar) on September 20, 2002. The body was taken out from the canal and after inquest proceedings, post-mortem examination was conducted by Dr. B.S. Khatri (PW-14) at General Hospital, Hisar. The medical officer opined the cause of death as drowning. A photograph of the body was much later shown to Vijender's father Raj Kumar after five months on February 20, 2003. The body was identified by him as that of his son Vijender.

(2.) VIJENDER 's mother-in-law Om Pati, alongwith Ajit, Satywan @ Pahlwan (son-in-law of Om Pati), Rajesh @ Langra and Dayal Singh @ Dayalu and one Bijender @ Punju were tried for the murder and found guilty under Sections 147/302/364/201 read with 120-B IPC by learned Additional Sessions Judge, Jind, on February 2, 2007. All of them were sentenced to rigorous imprisonment for life and to pay fine of Rs. 5,000/-. In default of payment of fine, they were directed to further undergo rigorous imprisonment for one year. They were also sentenced for other lesser offences. Out of the six accused, five have filed this joint appeal but no appeal was filed by Bijender @ Punju.

(3.) ON hearing Raj Kumar's voice, his wife Rajbala also got up and came out of the house. Rajbala went up to the car and asked the men who they were. Out of the 3/4 persons in the car one told Rajbala that he was Rajesh of Bibipur. Rajbala replied that Vijender was not in the house. They started the vehicle but stopped at a distance of about two acres. Rajbala returned to the house and told Vijender that 3-4 persons had come in the car and they were calling out him. When Vijender asked who they were, his mother told him that he was Rajesh of Bibipur. Vijender told his mother that he should have been told earlier. He then went out of the house to meet visitors. He did not have any quarrel with those men, he accompanied them on his own.