HARPAL SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the. learned Additional District and Sessions Judge No. 1, Hanumangarh dated 5.12.1986 in Sessions Case No. 81/1985, whereby he convicted the accused appellants Harpal Singh, Chindha Singh and Paramjit Singh under Sections 302 and 201 Indian Penal Code. All the three accused were convicted under Section 302 Indian Penal Code. and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-each. They were also convicted under Section 201 Indian Penal Code. and sentenced to undergo simple imprisonment for 3 years and to pay a fine of Rs. 100/- each and in default of payment of fine for each offence, they were ordered to undergo two month's simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) The facts leading to this appeal are that on 9.7.1985 at 10 A.M. Mangturam (PW-10), father of the deceased Peerdan, made an oral report at the Police Station Sangaria that his son Peerdan, aged 24 years, was working in the workshop of Sohanlal as Mistri. On 25.6.1985 he went to the workshop as usual, but did not return from work. He waited for his son Peerdan for two days and then went to the workshop at Sangaria, where he enquired from the younger and elder son of Sohanlal about Peerdan. Other Mistries of the workshop also did not give any information. Then he searched him for 11-12 days here and there and then he was told by someone to lodge report at the Police Station regarding missing of his son and also search in the canal. He searched his son in the canal and found the decomposed dead body of Peerdan in the Sardarpura area of Police Station Lalgarh. He and Maniram identified the body.

(3.) Upon this report, enquiry was made under Section 174 of the Indian Penal Code. Postmortem of the dead body was conducted and in the postmortem report, it was found that there were injuries on the body and ribs were fractured, therefore, a case under Sections 302 and 201 Indian Penal Code. was registered on 17.7.1985 vide Ex.P-10. Site plan was prepared. All the three accused were arrested on 24.7.1985 and upon the information of Paramjit Singh (Ex.P-15) on 30.7.1985, the cloths of the deceased were recovered vide Ex.P-15 from the house of Paramjit Singh. Clothes of the deceased were put for identification parade vide Ex.P-8 before the Judicial Magistrate, Hanumangarh. During the investigation, Dileep (PW-5) was examined before whom an extra judicial confession was made by all the three accused with regard to throwing Peerdan in the canal on fighting after drinking liquor. The witnesses of last seen were also examined and thereafter all the three accused were challenged under Sections 302 and 201 Indian Penal Code. before the Court of Judicial Magistrate, Sangaria, who committed the case to the Court of Sessions. Learned Sessions Judge framed charges against the accused for the said offences, to which they pleaded no guilty. The prosecution examined 11 witnesses, statements of the accused were recorded under Section 313 of the Criminal Procedure Code The accused led no defence. After hearing the arguments, learned trial Judge convicted the accused appellants and sentenced them as above.