MOHAMMAD ULFAT @ ULFAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 28/11/2009, rendered by learned Additional Sessions Judge, Faridabad, in Sessions Case No. 8 dtd. 10/2/2009, whereby the appellants, who were charged with and tried for the offences punishable under Ss. 302/, were convicted and sentenced as under :-

(2.) The case of the prosecution, in a nutshell, is that Inspector Charan Singh (PW.4) received information on 28/10/2008 that dead body of a person was lying in a gutter near Ganda Nala of Sanjay Colony, Faridabad. He reached the spot. Dead body was retrieved from the gutter. Kishan Singh (PW.12) and Subhash identified the dead body to be that of their brother Keshpal. Kishan Singh got his statement recorded. According to the contents of the statement, Keshpal had gone to the house of Jai Bhagwan (PW.13) on 21/10/2008 to collect money. He did not come back. They searched for Keshpal. He along with his brother Subhash went to the house of Jai Bhagwan. Jai Bhagwan told them that he had given ' 15,000/- to Keshpal on 22/10/2008. Keshpal was accompanied by Manager son of Moti Lal and two other boys. Keshpal collected the money and left. They made enquiries from the landlord of Manager. They came to know that Manager had left the rented room. Statement of Kishan Singh is Ex.PB. FIR Ex.P1 was registered. Inquest report Ex.PC was prepared. Site plan is Ex.PC/1. The dead body was sent for post-mortem examination. Post-mortem report is Ex.PH.

(3.) On 30/10/2008, Inspector Charan Singh recorded the statement of Jai Bhagwan (PW.13). Jai Bhagwan stated that on 22/10/2008, at about 5.00 PM, Keshpal had come to him. He was accompanied by Manager son of Moti Lal, Babban and Ulfat. He had given ' 15,000/- to Keshpal. He along with Rajender Sharma (PW.2) was going towards Machhi Market. They noticed Manager, Babban, Ulfat, Manoj and Nandji standing in the company of Keshpal. He asked Keshpal why he had not gone home. Keshpal told that he shall stay with Manager over night. Thereafter, Keshpal did not meet him. On 28/10/2008, Kishan Singh and Subhash, brothers of Keshpal, came to him making enquiries about Keshpal. He told them that Keshpal had left on 22/10/2008 along with Manager and his companions.