SACHIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dtd. 20/3/2010 and order dtd. 22/3/2010, rendered by learned Additional Sessions Judge, Sonipat, in Sessions Case No. 57 of 23/8/2006, vide which accused Sachin and Pappu alias Kaira were charged with and tried for the offence punishable under Sec. 302 read with Sec. 34 IPC. They were convicted and sentenced under Sec. 302 read with Sec. 34 IPC to undergo life imprisonment and to pay fine of Rs.5,000.00 each and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution in a nutshell is that during the course of patrolling on 29/5/2006, a telephonic information was received by Assistant Sub-Inspector Ram Kumar to the effect that Mishru Parjapat was murdered across river Yamuna, near Tikola Ghat. Assistant Sub-Inspector Ram Kumar arrived at Tikola Ghat. He recorded the statement, Ex. PB, of PW3 Azad Singh. According to the contents of the statement, Ex. PB, Azad Singh were three brothers. They owned 13 acres of land, out of which 8 acres of land was situated across river Yamuna. They have installed a tubewell and constructed a kotha (room). He along with his brother Ramesh was plucking the lady fingers in their fields. In the meantime at about 2.30 P.M., two youngsters namely Sachin and Pappu @ Kaira came to the tubewell of the complainant. Sachin was armed with lathi and gandasi. Pappu @ Kaira was carrying kassi (spade) in his hand. Father of the complainant, Mishru, was inside the kotha. After sometime, the complainant and his brother heard the screams of their father. They witnessed that Sachin armed with lathi and gandasi, whereas Pappu @ Kaira was empty handed were running towards village Luhari. They tried to chase them, however, the accused concealed themselves in a distant fields. They came to the kotha and saw that their father was lying in a pool of blood. He was dead. The police was informed. Inquest proceedings were carried out. Vide application, Ex. PE/1, dead body was dispatched to Civil Hospital, Sonipat, for post-mortem examination. On 30/5/2006, a team of Forensic Science Laboratory also visited the spot. Blood stained earth was also lifted from the spot. Recoveries were made on the basis of disclosure statements made by the accused. The matter was investigated and the challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Sec. 313 Cr.P.C. They denied the case of the prosecution. They were convicted and sentenced, as noticed above. Hence, the present appeal.