MOHINDER SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dtd. 29/10/2014 and order dtd. 30/10/2014 rendered by the learned Additional Sessions Judge, Yamunanagar at Jagadhri, in Sessions Case No.83 of 2014 whereby the appellants, who were charged with and tried for offences punishable under Ss. 328, 302, 201 read with Sec. 34 of the Indian Penal Code (in short 'IPC'), have been convicted and sentenced as under:-

(2.) The case of the prosecution in a nutshell is that on 29/9/2013, on receipt of a telephonic message in police station regarding murder of a girl, namely, Manjeet @ Mannu by her own family members in village Bapa and the process for cremation of dead body being in process, Inspector Sandeep Kumar, the then Station House Officer, Police Station Radaur reached the spot. He found that a pyre was prepared. The dead body of the deceased was being cremated. The investigating officer with the help of his associates extinguished the funeral fire. He took out the half burnt dead body from the pyre. The pyre as well as half burnt dead body was photographed. One Amardeep got his statement recorded with the investigating officer to the effect that his father Sat Pal is chowkidar in village Bapa. About one week back, a girl of their village namely Manjeet @ Mannu had left her house in the company of a boy, namely, Jaswinder of their village. Thereafter parents came to know whereabouts of the girl. She was brought back from Punjab. In the morning of that day, i.e. 29/9/2013, the complainant came to know that Manjeet @ Mannu had died and her dead body was taken to the cremation ground by her family members for funeral. He suspected that Manjeet @ Mannu had been eliminated / killed by her family members since she had eloped with a boy, namely, Jaswinder. They were trying to destroy the evidence. FIR was registered. During course of investigation, place of cremation was got photographed. A plastic can containing kerosene, half burnt dung cake and ashes were taken into possession. Half burnt dead body was sent for post-mortem examination. The challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statements of accused were also recorded under Sec. 313 Cr.P.C. They denied the case of the prosecution. The appellants examined one witness in his defence. The appellants were convicted and sentenced, as stated hereinabove. Hence this appeal.