RAJINDER THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANTS Rajinder Thakur, Vijay Thakur and Surjeet Khachi have appealed against the judgment, dated 6th September, 2007, of learned Sessions Court, Kinnaur at Rampur Bushahr, whereby all of them have been convicted of offences of murder and robbery, with the aid of Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life, which will not be less than 20 years, in jail, and there will be no parole for first 10 years and fine of Rs. 2 lacs; in default of payment of fine to undergo simple imprisonment for a further period of five years, in respect of offence, under Section 302 IPC and to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/ -; in default of payment of fine to undergo simple imprisonment for a further period of two years, in respect of offence, under Section 392 IPC.

(2.) PROSECUTION case, as per evidence on record, is like this. Deceased Santosh Kumar son of PW -1 Bir Chand was employed as a driver by PW -2 Ganga Ram to drive his Maruti Van, which he had purchased only a few days prior to the occurrence. The date of occurrence is 21st August, 2004. The van had yet not been registered with the Registration Authority, though application for registration had been moved. On 21st August, 2004, all the three appellants were looking for a taxi as they wanted to escort a truck, carrying timber. They got lift in a truck at Narkanda for going to Sainj to hire a taxi. The truck by which they went to Sainj was being driven by PW -30 Rajesh Kumar. It was carrying merchandise, belonging to PW -30 - Rajesh Kumar, who too was on board the truck. At Sainj, the appellants hired Maruti Van of PW -2 Ganga Ram, the number of which had been applied for, on which deceased Santosh Kumar had been engaged, as a driver. The van started from Sainj for Narkanda, late in the evening. On the way, deceased Dharam Pal, an electrician, working at a place called Kingar, was approached by deceased Santosh Kumar to accompany him. Deceased Dharam Pal then boarded the van. Thereafter deceased Santosh Kumar alongwith his van went missing. PW -2 Ganga Ram, the owner of the van, started searching for him.

(3.) ON 26th August, 2004, one lady, namely PW -18 Shano Devi spotted two dead bodies in Thachru Nallah, which falls by the side of the road, connecting Sainj with Narkanda. She informed her co -villagers. Police was informed telephonically. Entry regarding telephonic information was made in the Daily Diary. Copy of the same is Ext. PW37/A. PW -49 ASI Sada Nand went to the spot accompanied by PW -1 Bir Chand, the father of deceased Santosh Kumar, PW -2 Ganga Ram, the owner of the Maruti Van, and PW -3 Talru Ram, the father of deceased Dharam Pal. Dead bodies were identified to be those of Santosh Kumar and Dharam Pal. Both of them had been strangulated, one by means of a string of jacket 'shood and another by means of a handkerchief. Also, there were injuries on their heads. A Danda Ext. P1 was also found lying on the spot.