RAM PARSAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment of conviction dated 29.9.2010 and order of sentence dated 4.10.2010 whereby the appellants were convicted under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each and, in default of payment of fine, to further undergo RI for two years in case FIR No. 31 dated 3.2.2008 registered at Police Station City Gohana.

(2.) Before proceeding with the case, we deem it appropriate to record here that appellant No. 1-Ram Parsad was granted suspension of sentence by this Court on 4.2.2016 but vide order dated 24.5.2016, the said order was recalled and his application for suspension of sentence was dismissed and applicant-appellant No. 1-Ram Parsad was ordered to be taken into custody. Despite the lapse of 3 1/2 years and the efforts made by the police, he has not been taken into custody so far. We have mentioned this fact only to bring on record otherwise it may not have any bearing on the merits of the case, leaving it open to the authorities to take appropriate action against him, as per law for this act.

(3.) As per the prosecution case, both the appellants had been engaged by the son of the deceased to build a house. On 2.2.2008, they asked him to clear all the up-to-date wages. He gave them some money and told them that the remaining money would be paid to them subsequently. At about 6.30 P.M., both the appellants left towards village after taking their meals. He waited for them till 10.00 P.M., but they did not return. He then went back to his old house leaving his father to stay in the under construction house. On the next morning, at about 7.00 A.M., when he went to his father to serve him tea, he found his father lying murdered and his motorcycle and motor of the submersible pump missing. The appellants were also not present. He tried to search for them, but they could not be traced and he concluded that both the appellants had committed the murder of his father and left the place on the motorcycle. After the FIR was lodged, investigation was started. During the investigation, the police recorded the statement of co-villager Mehtab Singh, who stated that on 2.2.2008, at about 11/11.30 P.M., he was coming home after irrigating his fields and he saw both the appellants pushing the motorcycle. He asked them where they were going but they left the motorcycle near the village pond and escaped. Since he did not know anything, he went to his house to sleep. On 5.2.2008, both the appellants were arrested. On the next day, pursuant to the disclosure statement made by them, a Basoli and an iron pipe (which were allegedly used to commit the crime) were recovered.