- (1.) This judgment shall dispose of two connected criminal appeals; CRA No.D-673-DB of 2006 and CRA No.D-681-DB of 2006 arising out of the judgment/order dated 19.07.2006, passed by Addl. Sessions Judge, Sirsa convicting and sentencing the appellants to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year each, on each count under Sections 302 and 120 B IPC. Accused-appellant Amarjeet was also convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 201 IPC. All the sentences were ordered to run concurrently.
(2.) The brief facts of the prosecution story are that Liyakat Ali, husband of Smt.Ramzana was earning livelihood of his family by doing labour and they were residing separately from parents of Liyakat Ali. Smt.Ramzana wife of Liyakat Ali got recorded DDR No.15 dated 02.12.2004 with police station Ellanabad, District Sirsa, in which she stated that about six months prior to that day, her husband and she did labour work with Amarjeet Bajigar resident of Tibbi (Rajasthan). On account of intimacy, Amarjeet came to their house on 10.11.2004 and after some time he accompanied her husband Liyakat Ali and went to village Tibbi (Rajasthan) for doing labour. After 3-4 days earlier, when she made enquiry from Amarjeet regarding her husband on telephone, he told that her husband used to do the job of Palledari and after settling the account regarding his labour, he had left his house at village Tibbi two days earlier. She also stated that she had been waiting for her husband till then but her husband had not arrived from Tibbi. She also stated that they have no enmity with anyone nor there is any suspicion upon anyone till then. Later on FIR was registered on the statement of Roshan Khan brother of Liyakat Ali in which he stated that his brother Liyakat Ali and Kashmir reside separately from them. Liyakat Ali is married to Smt.Ramzana for the last about 12-13 years and reside separately from them in a rented room of the house of Sadhu Madhu Sardars for about last 5-6 years. His brother Liyakat Ali and his wife along with their children had stayed with Amar alias Amarjeet for about one month for doing labour work. Thereafter, his brother left his wife Ramzana at Ellanabad. Amarjeet had developed illicit relations with Ramzana. On account of being humiliated, his family was under great tension due to their illicit relations. His brother use to tell them that he remain under great tension on account of illicit relations between Ramzana and Amarjeet. On this issue, a conflict took place between his brother Liyakat Ali and Amarjeet and from that day, he and his mother Khatun Begam had threatened Amarjeet and asked him that he would not visit the house of Liyakat Ali in future. On this issue, Amarjeet and Ramzana made a plan and on the night of 08.11.2004, Amarjeet came to the house of his brother from Tibbi and took his brother Liyakat Ali to his house after enticing him and giving him greed of providing labour. Later on, when the complainant made enquiry from Ramzana, she told him that his brother Liyakat Ali had accompanied Amarjeet to Tibbi for doing labour. The complainant also stated that he kept on searching his brother but his brother has not reached the house nor his whereabouts are known.
(3.) He and his family have suspicion that Ramzana and Amarjeet after hatching a conspiracy and with pre-planning, have confined his brother Liyakat Ali at some unknown place with the intention to commit his murder or have committed his murder. The statement was recorded by Umed Singh, ASI on 16.01.2005. After making endorsement, ruqa was sent, on the basis of which FIR was registered on the same day. As per prosecution version, both the accused made extra judicial confession before Mushtakh Khan, another brother of Liyakat ali and he produced both these accused before the police on 16.01.2005. On 17.01.2005, I.O. Umed Singh, ASI interrogated both the accused. Both the accused made statements that they had thrown Liyakat Ali in Rajasthan canal after committing murder. Statement of witnesses are recorded.;