MANJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment rendered by the learned Addl. Sessions Judge(II), Mandi, dated 30.12.2013, in Sessions Trial No. 28 of 2012, whereby the appellants -accused (hereinafter referred to as the accused) were charged with and tried for offences under Sections 302 & 201 IPC read with Section 34 IPC. Accused Manjeet Singh was convicted and sentenced under Section 302 IPC to undergo rigorous imprisonment for life with fine of Rs. 5,000/ - and also to suffer rigorous imprisonment for a period of seven years with fine of Rs. 5,000/ - for the offence punishable under Section 201 IPC read with Section 34 IPC and in default of payment of fine to further undergo rigorous imprisonment for a term of six months each under both counts. Both the sentences were ordered to run concurrently. Accused Dharmender was convicted and sentenced under Section 201 IPC read with Section 34 IPC to undergo rigorous imprisonment for a term of 5 years and to pay fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a term of six months.

(2.) THE case of the prosecution, in a nut shell, is that Vikram Singh was brother of Sajan Kumar (PW -19) and Rajesh Kumar (PW -28). He was carrying business in property dealings at Pinjour, Solan and Kalka and he was ordinarily residing in his flat at Pinjour. He used to visit Solan also. Both the accused Manjeet Singh and Dharmender alongwith Ashok Kumar and Balvinder were his partners. They were doing property dealings in Chandigarh, Panchkula, Haryana and Himachal Pradesh. Vikram used to come to Himachal Pradesh in connection with his work and also used to go to Haryana. Vikram alongwith accused Manjeet Singh and Dharmender were missing since 4.11.2011. The mobile phones of accused were found switched off. Vikram was contacted on his mobile by Sajan Kumar but he could not be contacted. Sajan Kumar alongwith others searched them at Kalka, Pinjour, Baddi and Solan, but they could not be traced. On 16.11.2011, Balvinder, brother of accused Manjeet Singh alongwith Virender and Rajesh (PW -28) (brother of deceased Vikram) moved an application Ext. PW -21/B before the Incharge P.P. Solan qua missing of Vikram Singh along with Manjeet and Dharmender. On 7.12.2011, Balvinder alongwith Sajan Kumar (PW -19) and Chatter Pal reported the matter to Dy. SP, Solan qua missing of both accused and Vikram Singh vide application Ext. PW -21/A. The photographs of the missing persons were also published. On 12.12.2011, accused Manjeet made a telephonic call on mobile phone of Rohtash Malik, uncle of Sajan Kumar and told that he had committed a wrong and let the matter be discussed. Sajan Kumar was present there. On 23.12.2011, Manjeet Singh again made a call on the mobile phone of Rohtash Malik and said that he would come on 27.12.2011, but he did not come and on 28.12.2011, he again contacted Rohtash Malik on mobile phone and told that one Pandit from Pinjour, will give money to Rohtash Malik to settle the matter. On 28.12.2011, Sajan Kumar talked to Manjeet Singh on mobile phone and asked him whether he had any talk with his brother Vikram Singh. On 30.12.2011 Rohtash Malik contacted Balvinder on his mobile phone and asked him about Vikram and he told that Vikram was found and asked him to come to Pinjour. Rohtash Malik came to Pinjour on 30.12.2011 at 6:00 PM and met Balvinder and Ashok Kumar. Balvinder disclosed to Rohtash Malik that Ashok and both the accused had murdered Vikram Singh and he had shown photographs of dead body of Vikram and thereafter Rohtash Malik came to the house of Sajan Kumar and disclosed that Vikram Singh was murdered by the accused persons. Sajan Kumar then contacted Balvinder on telephone, who told him that Vikram was murdered by accused persons and dead body was found in Pandoh Dam. Thereafter, Sajan Kumar came to Pandoh on 1.1.2012. His report was not lodged by Police Post Pandoh and he was asked to lodge the report at Solan. On 3.1.2012, FIR was lodged at Police Station Sadar Mandi. Sajan Kumar was shown photographs of Vikram Singh, who identified the same. On 5.12.2011, at about 12:30 PM, as per rapat Ext. PW -14/A lodged by ASI Ram Lal (PW -26), information was received from HC Bhole Shankar (PW -17) that one dead body was found trapped in gate No. 3 at Pandoh. On this, Suman Kumar (PW -1) Crane Operator Grade -1 in BBMB, Pandoh, took out the dead body with the help of crane. Police took photographs of the dead body. Rapat Ext. PW -14/B was entered vide which police went at the spot and found dead body trapped in gate No. 3.

(3.) THE prosecution has examined as many as 28 witnesses to prove its case. The accused persons were also examined under Section 313 Cr. P.C. The learned Trial Court convicted and sentenced the accused, as stated hereinabove. Hence, the present appeal.