HARI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter here concerns a murder sans the corpus delecti, with the challenge in appeal being to the wholly unsustainable conviction of the two appellants - Hari Kishan and Rishi Pal for the murder of Sat Pal. They both stand convicted for the offences under Section 302 read with Sections 34, 364 and 201 of the Indian Penal Code.

(2.) The said Sat Pal deceased was, in relationship, an uncle of the appellant Hari Kishan, Sat Pal being the son of Kura who was the brother of Jowala - the great-grand-father of the appellant Hari Kishan. The other appellant Rishi Pal is said to he a person under the obligation of the appellant Hari Kishan as he had got him appointed as clerk in a College in Delhi.

(3.) In May 1986, Jaipal, the brother of Sat Pal was serving a life sentence in jail at Jind. According to the prosecution, Sat Pal was to visit him on May 28, 1986. Jaipal and Sat Pal were both married to the sisters of Dalbir Singh. This Dalbir Singh had written a letter to Sal Pal which he wanted to be delivered to him on that day, that is, May 28, 1986, as he himself had to leave earlier, to rejoin his duties. Dalbir Singh, accordingly went to Zile Singh on May 27, 1986 and handed over the letter to be delivered to Sat Pal. On May 28, 1986, when Zile Singh went to Jind and met Sat Pal, He also gave him Dalbir Singh's letter. Harikishan, it is said, had promised to help Sat Pal get employment and was taking him away with him for this purpose. It is further the prosecution case that at that time Sat Pal was carrying a sum of Rs. 7400/- which, he told Zile Singh, comprised the proceeds of one year's chakota for his land and the price of wheat sold by him. Zile Singh, Sat Pal and Hari Kishan then went to the jail where they met Jaipal. At this meeting, Sat Pal is supposed to have told his brother Jaipal that Hari Kishan was going to get him a job. Sat Pal, Hari Kishan and Zile Singh later came to the bus stand from where Hari Kishan and Sat Pal left for Delhi, Sat Pal was not seen thereafter.