STATE OF HARYANA Vs. PADAM @ PARMOD AND OTHERS

JUDGEMENT

(1.) By this common judgment and order, above said all the appeals/MRC are being disposed of.

(2.) Being aggrieved by the judgment/order dated 18.12.2015/21.12.2015, in Sessions Case No.61/2015, passed by the learned Additional Sessions Judge, Rohtak, by which the appellants/accused persons, namely Padam @ Parmod, Pawan, Sarwar @ Billu, Manbir @ Manni, Rajesh @ Ghochru, Sunil @ Mada and Sunil @ Sheela were convicted for commission of offence punishable under Sections 302, 376-D, 366, 201 read with Section 120-B of the Indian Penal Code, 1860 (for short 'IPC') and sentenced, the present appeals were filed by the appellants/accused persons. They have been sentenced as under:-

(3.) Briefly stated, the prosecution case is that PW1-Surat Singh noticed a dead body lying in the field under his cultivation and some dogs were gnawing upon it and was also partially eaten. PW41-ASI Baje Singh along with PW17 HC Satish No.73 reached the spot and carried out initial formalities and also recorded the statement of PW1-Surat Singh leading to registration of FIR No.57 dated 04.02.2015, for offence punishable under Sections 302 and 201 of IPC, at Police Station Sadar Rohtak. They recovered blood stained earth, strands of hair, pieces of blood stained stones, one Salwar and one Sweater of black and white strips. Thereafter, they removed the dead body and kept in the mortuary where PW2-Amar along with PW5-Janki saw the dead body and they identified it as that of their sister (later referred to as 'M') who went missing since 01.02.2015. PW5-Janki had filed a report registered as FIR No.22 dated 01.02.2015, under Section 346, at Police Station PGIMS, Rohtak with the description of the deceased as height 4'9" and aged about 27/28 years. PW2-Amar and PW5-Janki disclosed that the deceased was mentally ill and was brought from Nepal to Rohtak and was residing at the house of PW5-Janki, her sister.