PARMOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two appeals bearing CRA-D No. 508-DB of 2015-Parmod @ Vicky v. State of Haryana and CRA-S No. 1185-SB of 2015-Naresh v. State of Haryana, as the same arise out of common judgment.

(2.) These appeals have been instituted against judgment dtd. 25/2/2015 and order dtd. 27/2/2015, rendered by learned Additional Sessions Judge, Special Court, Sonipat, in Sessions case No. 744/47 of 2014. Appellants Parmod @ Vicky and Naresh were charged with and tried for the offence under Ss. 302, 201 read with Sec. 34 of the Indian Penal Code. Appellant Parmod @ Vicky was convicted and sentenced under Sec. 302 IPC to undergo life imprisonment and to pay fine of Rs.20,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for six months. He was also convicted and sentenced under Sec. 201 read with Sec. 34 IPC to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently. Appellant Naresh was convicted and sentenced under Sec. 201 read with Sec. 34 IPC to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months.

(3.) The case of the prosecution in a nutshell is that on 6/7/2013, a telephonic information was received in Police Station, Murthal, to the effect that a dead-body of a person with its head chopped off was lying at Mukimpur Road, Murthal, near inn (kutia) of Baba Kali Ram. ASI Ramesh along with other police officials reached the spot. He met complainant Azad. The complainant gave a written complaint, Ex. PW2/A, stating therein that he was resident of village Nandnaur. On 5/7/2013, at about 8.00 P.M., his son Anil @ Pappu, aged 29 years, left the house on motor-cycle. He was carrying his mobile. He did not come back. On 6/7/2013, Sarpanch of the village telephonically informed him that beheaded body of his son Anil @ Pappu was found lying near Baba Kali Ram's kutia on Murthal Mukimpur Road. He reached the spot. FIR was registered. The dead-body was sent for post-mortem examination. The investigation was initiated and challan was put up after completion of codal formalities.