- (1.) DEVENDER Singh son of Harjit Singh, resident of village Pattaki Khauri, P.S. Sikri, District Bharatpur, Rajasthan, Hardeep son of Bachan Singh, resident of village Jaitpur, P.S. Badapur Border, Delhi and Gurdeep Singh son of Bachan Singh, resident of village Gartesaki, P.S. Sikri, District Bharatpur, Rajasthan, have filed this appeal challenging the judgment and order dated 24.11.2008, passed by learned Additional Sessions Judge, Fatehabad, vide which they were convicted under Sections 302/34, 201/34 IPC and sentenced as under : - Under Sections 302/34 IPC All the accused have been sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/ - each, in default thereof, to further undergo rigorous imprisonment for six months. Under Sections 201/34 IPC All the accused have also been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2,000/ - each, in default thereof, to further undergo rigorous imprisonment for one month. All the sentences have been ordered to run concurrently.
(2.) THE case was registered on the statement of Atma Singh (father of the deceased Raju). In his statement (Ex.PE) dated 5.4.2006, before ASI Fauja Singh, Incharge, Police Post Gurunanak Pura, Fatehabad, Atma Singh stated that he has four children. His son Raju and Ajay are residing with him and his wife. Both his sons do the labour work. His son Ajay was admitted in Government Hospital, Fatehabad, due to burn injuries. His son Raju aged about 27 years was in the habit of drinking. He used to remain under intoxication all the 24 hours. On 3.4.2006 at about 4:00 PM in the evening, Raju had gone to Mohalla Gurunanak Pura from his house for taking liquor. He did not come back to the house. On 4.4.2006, Kuwlant Singh son of Bimla Bhagtani, resident of Shakti Nagar, came to his house and enquired about Raju. He also said that Raju must be around here and he will come back as he drinks heavily. Raju will not go anywhere. On 5.4.2006, Gura Bai, wife of Atma Singh and Harjit Kaur, daughter of Atma Singh had seen Kulwant Singh twice coming and going on the kacha passage towards the fields of Kakka Ram Kamboj. They got suspicious as to why Kulwant Singh is visiting in that direction.
(3.) THEREFORE , Atma Singh accompanied by Bhagat Singh, Ex -Sarpanch was going to inform the police. When they reached near the house of Kakka Ram Kamboj, they came to know that a dead body is lying near the Government tubewell in the fields of Kakka Ram. They went to the spot and saw that the dead body is of Raju. His mouth seems to have been eaten by animals and his jaws were visible. The dead body was puffing up. He does not know whether his son Raju has committed suicide or has been murdered. Atma Singh requested the police that post mortem should be got conducted so that truth may come out. ASI Fauja Singh recorded the police proceedings and sent the same to the police station and recorded the DDR, on the basis of which formal First Information Report (Ex.PA) was registered. On 7.4.2006, police conducted the inquest proceeding of the dead body. Rajesh Kumar, Photographer, was called and he took the photographs of the place of occurrence (Ex.P1 to Ex.P5). The post mortem of the dead body was got conducted. Investigation was initiated, which remained pending with the police. On 20.5.2006, Ram Kumar (Municipal Councillor, Fatehabad) son of Hari Ram and Mohan Singh (Ex -Sarpanch of Bhima Basti, Fatehabad) son of Kartar Singh made identical statements to the police under Section 161 Cr.P.C., in which it was disclosed that on 20.5.2006, when they (Ram Kumar and Mohan Singh) were talking in the shop of Ram Singh, accused Gurdeep Singh, Devender Singh and Hardeep came together there and all the accused told them that on 2.4.2006 in the evening, they had come to the house of Raj Kumar alias Raju son of Atma Singh and slept there after taking meal. Next day, on 3.4.2006 at about 10:30 pm in the night, they made Raj Kumar alias Raju to drink liquor and took him towards the field in order to answer the call of nature. There Devender Singh and Hardeep strangulated Raju with help of a Parna (an Indian little cloth) and Gurdeep Singh was put to make surveillance and caution, if somebody comes. Devender Singh inflicted injuries on chest with both feet and knees and also inflicted injuries on the head of the deceased. Thereafter, they all buried deceased Raju in the heap of Parali lying nearby after murdering him. They have committed a mistake. Now, the police is chasing them and that since the witnesses are on visiting terms with the police, therefore, they should be produced before the police.;