DHARAMPAL AND ORS. Vs. STATE

JUDGEMENT

(1.) Accused-appellants Dharampal and Momen have been found guilty of charges under sections 302, 302/120-B, 201, 364 & 394 of the IPC. Appellant Man Singh has been held guilty of offences under sections 302/120-B, 201 & 364 of the IPC. Appellants Dharampal and Momen have been sentenced to undergo life imprisonment with Rs. 10,000 /- as fine for the offence under sections 302, 302/120-B, IPC. They have been sentenced to undergo ten years rigorous imprisonment each with fine of Rs. 1000.00 each for the offence under sections 394 & 364 IPC. Both of them have been sentenced to undergo seven years rigorous imprisonment with Rs. 1000.00 as fine for offence under section 201 IPC. Appellant Man Singh has been sentenced to undergo life imprisonment with Rs. 10,000 /- as fine on the charge u /s. 302/120-B IPC. He has been sentenced to undergo ten years R.I. with Rs. 1000.00 as fine on the charge under section 364 IPC. He is also sentenced to undergo seven years R.I. with Rs. 1000 /- as fine on the charge under section 201 IPC.

(2.) On 21.6.1988 PW 3 Hari Singh had filed an application in the Bhirani Police Station informing that at 5.00 p.m. on that date, Ram Singh Gosai had informed him that a dead body was lying in the fields in the area. The Station House Officer went on the spot on 21.6.1988 itself and took the moulds of foot prints found on the spot. On 22.6.1988 he prepared Panchnamas, got the dead body photographed and sent it for postmortem examination. Clothes from the dead body had also been seized.

(3.) PW 1 Prem Singh owned a white Maruti Car. In the latter half of June, 1988 he had hired Jogendra Singh (deceased) as Driver on the Car. On 20.6.1988, the Car and Jogendra Singh were last seen at Hissar, the place of residence of owner of the Car as also of the Driver Jogendra Singh. He was last seen there in the evening of 20.6.1988 by PW 2 Virbhan, his brother-in-law, PW 8 Usha, the wife of the deceased PW 10 Gopi Lal and PW 11 Sunder Lal. Out of these, PW 10 Gopi Lal and PW 11 Sunder Lal had seen three persons in the Car which was being driven by the deceased, who were later identified by them as accused persons.