- (1.) Appellant Harish Chander alias Bunty, aged 19 years, has filed this appeal against judgment dated September 5, 2005, convicting him for commission of offences under Sections 302 and 201 IPC. He has also laid challenge to an order dated September 8, 2005, awarding him imprisonment for life and to pay a fine of Rs. 5,000/- with a default clause for commission of an offence under Section 302 IPC. For offence under Section 201 IPC, he was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/- with a default clause.
(2.) It was allegation against him that on January 7, 2004, in the area of Rajiv Nagar, Gurgaon, he had intentionally committed murder of Saroj Kumar Kunwar (aged 25 years) and made an attempt to destroy evidence of the above crime.
(3.) Process of law was set in motion on a statement Ex. PA made by Chet Ram (PW6), who on January 7, 2004, at 3 PM, has detected dead body of Saroj Kumar Kunwar in a vacant plot, situated next to his plot, in which construction was going on. His statement was recorded by S.I. Ram Niwas. On an intimation sent, FIR Ex. PA/1 was recorded in Police Station City Gurgaon by ASI Siri Dev (PW1) at 5 PM on January 7, 2004. It was mentioned in the statement Ex. PA that murder appeared to have been committed in the intervening night of 6 th /7 th of January, 2004.;