RAJESH SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The two appellants, hereinafter referred to as the accused, stand convicted by the learned Sessions Judge, Nahan, in Sessions Trial No. 59-ST/7 of 1997 vide judgment dated 13-11-1998 for the offences under Ss. 302 and 201 read with S. 34, Indian Penal Code. Upon such conviction each of the two accused has been sentenced to undergo rigorous imprisonment for life for the offence under S. 302 read with S. 34, Indian Penal Code, and to pay a fine of Rs. 2000/- each. In default of payment of fine, each of the two accused has been sentenced to undergo rigorous imprisonment for a further period of two months. No separate sentence was imposed upon the two accused for the ancillary offence under S. 201 read with S. 34, Indian Penal Code.

(2.) Briefly, the prosecution story may be thus stated. The two accused are residents of Panipat (Haryana). In the month of July, 1997 accused-Yash Pal was a partner of the firm Messrs. Bhagwati Yarn Traders of Panipat. Accused-Rajesh Sharma in those days was residing in Model Town, Panipat. One Shiv Kumar, aged about 20 to 22 years, was working as a Salesman with the Panipat branch of Dinesh Textile Mills of Amritsar. He was residing with his maternal uncle. P.W. 4 Suresh Goyal at Panipat.

(3.) The abovesaid Siv Kumar left his shop in the afternoon of 21-7-1997 on his scooter. He did not go to his house for lunch. He went to the shop of P.W. 10 Gulshan Kumar, a mechanic, for the repair of his scooter. After leaving the scooter with such mechanic for repair, he left assuring the mechanic that he would come to collect the scooter in the evening. He, however, did not return to take back his scooter. P.W. 10 Gulshan Kumar, therefore, sent the scooter to the shop of Shiv Kumar on the same evening. When P.W. 4 Suresh Goyal came to know about the non-return of Shiv Kumar, he carried out a search for him and having failed to trace him out, he lodged a report with the police on 22-7-1997 at Police Post, Killa Panipat about Shiv Kumar being missing.