RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been instituted against the judgment and order dtd. 12/2/2016 and 15/2/2016 rendered by the Additional Sessions Judge, (Exclusive Court) Jhajjar, in Sessions Case no.22 of 2013/2016 (RBT) 16/7/2013/5/1/2016 whereby the appellants were charged with and tried for offence punishable under Sec. 302 read with Sec. 34 Indian Penal Code (in short 'IPC'). The appellants were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year for offence punishable under Sec. 302 read with Sec. 34 IPC.

(2.) The case of the prosecution in a nutshell is that on 3/7/2013 telephonic information was received from Ajit resident of village Parnala about the discovery of dead body of a young person lying in his vacant plot situated in Maya Vihar, Line Par, Bahadurgarh. SI/ SHO Ombir Singh along with Baljeet Singh and other police officials reached Nahra-Nahri road near Oxford School, Line Par, Bahadurgarh. Ajit Rathi met him. On the application Ex.PW2/A made by Ajit Rathi, FIR Ex.PW15/A was registered by ASI Mahavir Singh. Photographs were taken on the spot. In the meantime, parents of deceased reached at the spot. The dead body was identified as Sudhir.

(3.) Thereafter, Anand Kumar son of Nathu Singh made a statement with the allegations that he had retired from army. He was residing along with his family in his own residential house situated in Bank Colony, Bahadurgarh for the last 15 years. He had one son Sudhir. He was married. He was unemployed. His daughter-in-law was working as Lecturer. Sudhir had appeared for agricultural examination in Gurgaon about three months ago. He met Rajbir son of Sher Singh. Rajbir started visiting Sudhir along with his nephew Manoj @ Susu. They used to take liquor together in the evening. They also used to quarrel. On 2/7/2013 Sudhir and Rajbir were to appear in an interview in Agricultural Department. They had gone to Railway Station, Bahadurgarh, to drop them. On the same date at about 8.00 P.M., Sudhir told him that he and Rajbir had consumed liquor. Rajbir was quarreling with him. He further told that at about 10.00 P.M. their bus would reach Bus Stand Bahadurgarh. He asked him to receive him. He along with his nephew Sangam went to the bus stand in his car at about 10.00 P.M. He found Sudhir, Manoj and Rajbir standing near the car. He requested Sudhir to sit in the car. However, Rajbir and Manoj told him not to sit in the car. They made Sudhir to sit in their car on the pretext that since they had been selected in government job, they would celebrate their success. At about 11.00 P.M. Sudhir informed him telephonically that Rajbir and Manoj were again beating him. He feared that they might kill him. The phone was disconnected. He and his nephew Sangam continued to search Sudhir during the entire night. On the next day, i.e. 3/7/2013, he was informed telephonically that dead body of young person was found in Maya Vihar. FIR was registered. Body was sent for post-mortem examination. Site plan Ex.PW17/B was prepared. Accused were arrested. They made disclosure statements. Investigation was completed. Challan was put up after completing all the codal formalities.