- (1.) GIRRAJ Singh and Bhola (appellants) have challenged the judgment and order dated 6.5.2002/8.5.2002, passed by the learned Sessions Judge, Faridabad, vide which they were convicted under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 500/ - each, in default thereof, to further undergo rigorous imprisonment for two months each.
(2.) THE prosecution story as made out from the facts of the case are that on 15.7.1999, ASI Vijender Singh, Incharge Police Post, Bhawan Kund, Palwal, under Police Station City Palwal, received information from Sham Lal, Sarpanch of village Alahapur, regarding a dead body lying in the village. ASI Vijender Singh made an entry in the daily diary register (Ex.PK) and then visited the spot. The dead body was found at the spot. Foul smell was coming out of the body. Proceedings under Section 174 Cr.P.C. were conducted. A voter card was recovered from the clothes of the deceased, which was taken into possession through recovery memo Ex.PL. The dead body was sent for post mortem. In the meanwhile, Samman Singh, father of deceased Raj Kumar @ Raju, visited Civil Hospital, Palwal, and identified the dead body to be of his son Raj Kumar @ Raju. During the course of inquest proceeding, the statement of Samman Singh was recorded on 15.7.1999 under Section 175 Cr.P.C, wherein he stated that on 10.7.1999, his son Raju @ Raj Kumar had gone to some relations. On the basis of voter card, he has identified the dead body of his son. At present, he cannot tell the cause of death.
(3.) ON 16.7.1999, Samman Singh moved a written application (Ex.PC) to SHO, P.S. City Palwal, Faridabad, wherein he has stated that Raju @ Raj Kumar was his eldest son. On 10.7.1999, he had sent his son alongwith Girraj Singh son of Bhanwar Singh after giving him Rs. 5,200/ - for handing over the same to one Suresh Bairagi of village Shahpur Kalan. He has been informed that the dead body of his son is lying in the jungle of Alahpur. After seeing the dead body of his son, it has transpired that he has been murdered. Legal action be taken against the culprits. On the basis of the same, ASI Vijender Singh recorded police proceedings (Ex.PC/1) and sent the same to police station, where FIR No. 510 dated 16.7.1999 under Sections 302, 201 IPC was registered at Police Station City, Palwal. Accused Girraj Singh was arrested on 20.7.1999. He suffered disclosure statement (Ex.PJ), wherein he disclosed to the police that on 10.7.1999, at about 8:30 AM, on the asking of Bhola son of Sarwan, resident of village Chhainsa, who is his cousin, he had brought Raju @ Raj Kumar to Ballabgarh, on pretext of roaming. There Bhola accompanied another boy from City Park, who was of young age, but whom he does not know, but can identify him, came to Palwal. In order to consume Bhang (cannabis), they alighted at bye pass Palwal. After consuming Bhang, when it became dark, his companion gave knife blows on the throat of Raj Kumar and he had caught hold of the deceased. After his death, he alongwith the said boy threw the dead body in the jungle about one killa away after concealing in the kikar trees after taking out Rs. 5,100/ - from his front pocket and shared the same equally. Girraj Singh further disclosed that he picked up chappals of deceased and concealed the same in the kikar trees. He can demarcate the place where the dead body of Raju was thrown and can also get recovered the chappals of Raju @ Raj Kumar. Accordingly, accused led the police party to the said place where he (accused) identified the place of occurrence and got recovered the pair of chappals of deceased.;