- (1.) This appeal has been filed by appellants Narender alias Urender and Vinod Kumar alias Billu against the judgment dated 25.10.2008 passed by the learned Sessions Judge, Bhiwani whereby the appellants have been held guilty for the commission of offences punishable under Sections 302 and 364 read with Section 34 of the Indian Penal Code ('IPC' - for short). By a subsequent order dated 31.10.2008, they have been sentenced to undergo life imprisonment and to pay a fine of Rs. 50,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of four years each for the offence under Section 302 IPC; besides, to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 20,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of two years each for the offence under Section 364 read with Section 34 IPC. However, both the substantive sentences have been ordered to run concurrently. Fifty percent of the amount of fine, if deposited, was ordered to be paid to the complainant as provided under Section 357 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' - for short).
(2.) The FIR in the present case has been registered on the statement of Birmati mother of Virender Singh (deceased). As per statement of the complainant, she had two sons. Younger son Surender Singh had died earlier about nine years back. She was residing along with her elder son Virender Singh as she had dispute with her husband Rajmal, who was residing with his elder brother Rajinder Singh. On the intervening night of 1/2nd June 2007, she and her son Virender Singh were present in their fields due to turn of water in the fields. At about 1.30 a.m. in the night, 5/6 persons came down from their vehicle and entered in their fields including Urender, Binnu sons of Rajinder Singh and Om Parkash father-in-law of Urender Singh. Other 2/3 persons were also with them, whom she could identify on coming present before her. They took away her son Virender Singh with an intention to kill him. Thereafter, she raised hue and cry but due to late hours of night no one came. She went crying to her brother Rajbir at Village Buwana and explained the entire story. The cause of grudge was that her husband had got challaned her son Virender Singh due to being against them and he did not want to give their share of land. Her husband Rajmal accompanied by her Jeth Rajinder Singh had got kidnapped her son Virender with common intention. When they were going to report to the Police, the Police party met them in the way and got recorded her statement to SI Maan Singh of Police Station Bawanikhera on 3.6.2007 at 12.30 a.m. at night. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.
(3.) After that the Police party inspected the place of occurrence and prepared site plan. Photographer was arranged and photographs were taken. Statements of witnesses were recorded. SI Raj Kumar on 3.6.2007, went to the place of occurrence at 7.00 a.m. and took the investigation from SI Maan Singh. He arrested accused Om Parkash. When he was on the way to Police Station, he received information regarding a dead body which was lying near the railway crossing behind Government College, Bhiwani. The dead body was lying in canal Jui Branch which was taken out from the canal and inquest proceedings were conducted. The dead body was sent for post-mortem examination and post-mortem was conducted on the dead body. On 9.6.2007, accused Narender, Vinod, Rajinder and Rajmal were arrested in this case. The accused were interrogated. Accused Narender got recovered one 'Farsa' and one pant from fodder room of his house which were taken in to Police possession vide recovery memos. Accused Vinod got recovered his blood stained clothes from fodder room of his 'Nohra' and after preparing sealed parcel the same were taken into Police possession. After necessary investigation, the challan was presented in Court.;