VIKAS AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 25.10.2018 passed by the Additional Sessions Judge, Jind, whereby the appellants were convicted under Sections 302 read with Section 34 IPC and sentenced to undergo life imprisonment alongwith fine of Rs. 10,000/- each and, in default thereof to further undergo RI for one year in case FIR No. 76 dated 24.3.2017, under Sections 302, 324, 120-B, 34 IPC registered at P.S. Julana.

(2.) As per the FIR which was got recorded by the complainant, on 23.3.2017, he had received information from Sonu (PW-1) (who is the co-employee of his son-Abhimanyu at Jai Sons Filling Station) that the appellants had come and killed his son. The Police went into action and after four days on 27.3.2017 produced PW-1 before the Magistrate where statement under Section 164 Cr.P.C was got recorded wherein he stated that on the fateful day, Abhimanyu and he were lying inside the petrol pump when three unidentified boys came and caused injuries to Abhimanyu. Importantly, he did not name the appellants. The appellants were arrested and on their disclosure two 'gandasas' were recovered which were sent to the FSL. The appellants were sent up for trial. During the evidence the FSL proved that:-

(3.) In his testimony, PW-1 Sonu again repeated what he had stated in his statement under Section 164 Cr.P.C viz. three unidentified persons had come and caused the death of Abhimanyu. He further clarified that three appellants present in Court were not those who caused the death of Abhimanyu. The Trial Court, however, having convicted them, they are in appeal before this Court.