RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal, is to the judgment of conviction and order of sentence dated 20.08.2003 passed by learned Addl. Sessions Judge (Adhoc), Jhajjar, vide which appellants were held guilty and convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months each.

(2.) The background facts in nutshell are as follows:-

(3.) That, son of complainant Ram Kishan namely Shashi Kumar aged 22 years, in the morning of 07.07.2002, had left the house for going to Pipli Khera to visit the house of his maternal uncle but till evening, he had not returned back. On 08.07.2002, when complainant had returned from Delhi to his house at about 10.30 a.m., then his brother-in-law Mahabir Singh s/o Sh.Daya Chand, resident of Pipli Khera was present at his house. He had apprised the complainant that yesterday evening, Rajpal and Shiv Kumar resident of Kheri Sadh had come to his house in an Ambassador car and Shashi Kumar was already at his house. Mahabir Singh had disclosed that he had offered them cold drinks but they did not agree to stay for the meals. They had taken Shashi Kumar along with them, on the pretext of giving him lessons for car driving and while saying so, they have taken Shashi Kumar along with them but did not turn up during night nor Shashi Kumar had returned to his house. Upon this, complainant along with Mahabir Singh, his brother-in-law, had gone to village Khalwar in search of Shashi Kumar, where they met father of Rajpal and on enquiry, he had disclosed them that neither Rajpal returned to the house nor any other person came with him. Then complainant and his brother-in-law, for the purpose of search of Shashi Kumar, had proceeded to Bahadurgarh to the house of daughter of complainant's sister, who was residing at Bahadurgarh. However, enroute when they reached at a place in the area of Rohad, they saw gathering with some police persons standing there. When they went towards that side, they were apprised about the dead body lying there. When they saw the dead body, they identified the same to be that of Shashi Kumar son of the complainant.