LAWS(P&H)-2019-2-53

RAKESH @ TINKU Vs. STATE OF U T CHANDIGARH

Decided On February 08, 2019
Rakesh @ Tinku Appellant
V/S
STATE OF U T CHANDIGARH Respondents

JUDGEMENT

(1.) Since common questions of law and facts are involved in these appeals bearing CRA-D No. 1693-DB and CRA-D No. 1905-DB of 2014, the same are being disposed of by a common judgment.

(2.) The present appeals are instituted against the judgment dated 9.9.2014 and order dated 11.9.2014, rendered by Sessions Judge, Chandigarh, in Sessions Case No. 444 of 21.11.2013, vide which accused Rakesh @ Tinku and Jagpal, who were charged with and tried for the offence punishable under Sections 302/34 IPC, were convicted and sentenced as hereunder:-

(3.) The case of the prosecution in a nutshell is that on 14.8.2013 a wireless message was received by Inspector Anokh Singh, SHO, Police Station, Sector-26, Chandigarh, that a dead-body was found in the jungle area near Kishangarh, U.T. Chandigarh. Inspector Anokh Singh along with his Gunman Constable Arun Kumar, reached the spot in Government vehicle. Kaka Singh, Chowkidar, Forest Department, got his statement recorded, to the effect that he was working in the Forest Department. He was on duty at 8.00 A.M. and was going to Bapu Dham Colony from Kishangarh in the jungle area. When he reached near Katchi lake, he noticed that one young boy was lying and lot of blood had scattered around him. The skull of the said person was badly damaged by someone. His statement is Ex.P2. CFSL Team was called at the spot. Spot was photographed. Formal FIR, Ex.P63, was registered. From the spot, one blood stained big stone, blue colour button, disposable syringe, empty bottle of Limca cold drink, blood stained silver colour chain and blood stained bush leaves were taken into possession by the police. Dead-body was sent for post-mortem examination. News was flashed in newspapers and Doordarshan TV Channel. Dead-body was sent to the mortuary of Government Multi Specialty Hospital, Sector-16, Chandigarh. On 16.8.2013, the dead-body was identified as that of Deepak @ Deepu. On the same day, PW2 Shiv Kumar disclosed that extra- judicial confession had been made before him by accused Jagpal @ Jaggi. On the basis of disclosure statement, accused Jagpal @ Jaggi was arrested vide memo, Ex.P54. On 17.8.2013, accused Rakesh @ Tinku was also arrested vide memo, Ex.P55. They made disclosure statements, Ex.P56 and Ex.P57. The accused led the police party to the place where the murder was committed by them, from where blood stained stone was recovered. It was taken into possession after making separate parcels. Both the accused got recovered their clothes and the same were sent to Central Forensic Science Laboratory, Sector 36, Chandigarh. Investigation was completed and challan was put up after completion of all the codal formalities.