Kuldip Singh, J. - (1.) BY this single judgment, we shall dispose of CRA No. D -671 -DB of 2002, filed by accused/appellant Krishan Kumar son of Om Parkash, CRA No. D -685 -DB of 2002, filed by accused/appellant Joginder Singh and CRR No. 2242 of 2002, filed by Krishan Kumar son of Sukhbir Singh, against the same judgment and order dated 31.8.2002/4.9.2002, passed by the learned Additional Sessions Judge, Sonepat, vide which accused/appellants Krishan Kumar son of Om Parkash and Joginder Singh son of Zile Singh were convicted under Section 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life each and fine of Rs. 1,500/ - each, in default of payment of fine, to undergo further rigorous imprisonment for six months each. Both the accused/appellants were also convicted under Section 201 IPC read with Section 34 IPC and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 500/ - each, in default of payment of fine, to undergo further rigorous imprisonment for six months each. Both the sentences were directed to run concurrently. In CRA No. D -671 -DB of 2002 and CRA No. D -685 -DB of 2002, accused/appellants Krishan Kumar son of Om Parkash and Joginder Singh son of Zile Singh have challenged their conviction and sentence, whereas in CRR No. 2242 of 2002, Krishan Kumar son of Sukhbir Singh (complainant) has prayed for enhancement of sentence and payment of heavy compensation by the accused/appellants.
(2.) ON 26.6.1999, at about 12:15 PM, Krishan Kumar son of Sukhbir Singh (complainant) approached Incharge, Police Post Kundli, District Sonepat and lodged a missing report (Ex. PM). In the said missing report, Krishan Kumar son of Sukhbir (complainant) stated that his younger brother Davinder @ Kala, aged about 18 years, was a student of 12th class in Jat School, Sonepat. Yesterday, i.e. 25.6.1999, it was their turn of water in the fields. At about 8:30 PM, his younger brother Davinder @ Kala went to the fields at Katlupur road near Vishavkarma Bhatta (brick kiln). His younger brother Govind had already gone to the fields. After watering the fields, Govind returned home, but Davinder @ Kala did not come back. When they inquired from Govind about Davinder, Govind told that Davinder had not gone to the fields. Thereafter, they started making inquiries in the village and from their relations. They have no suspicion on anybody nor they have any enmity. The description of Davinder was also provided in the DDR, stating that he was of "wheatish complexion, strong body, round face, light beard, height 5' 8", aged about 18 years, wearing white shirt and white pyjama and hawai chappal". Krishan Kumar son of Sukhbir (complainant) undertook to produce the photograph of his younger brother Davinder and requested the police to search for his younger brother. ASI Rajinder Singh recorded DDR No. 12, dated 26.6.1999. It was further recorded in the DDR that after receiving the photograph, it will be sent to nearest police station for searching the missing person. The wireless message was also flashed to the nearest police posts/stations. However, on 28.6.1999, Krishan Kumar son of Sukhbir (complainant) submitted an application dated 28.6.1999 (Ex. PC) to SHO, Police Station Rai, in which he stated that he had lodged a missing report about his younger brother Davinder at Police Post Kundli on 26.6.1999, stating therein that on 25.6.1999, in the evening, at about 8:30 PM, his younger brother Davinder went for irrigating the fields. His brother Govind was also in the fields, who had slept inside room at 11 O' clock. In the morning, he (complainant) asked Govind about Davinder and was told that Davinder had not reached the fields. Then, he made search for his younger brother Davinder in the fields, wells, ponds and canals. However, Davinder was not traceable. He stated that his younger brother Davinder was studying in 10+2 in Jat School, Sonepat. Now, he has doubt that his younger brother Davinder has been abducted by Ranbir, Balwan, Ram Kumar, Satpal, Rambir, Samunder sons of Badam Singh, Narinder son of Piare Lal and Piare Lal son of Molar Jat, resident of Nehri with intention to eliminate him because on 29.5.1999, they had given beating to his father Sukhbir and chased Davinder with Jaili, but Davinder managed to escape. The matter was got patched up by the respectables of the village. However, the said persons were nursing grudge against them. In the complaint, the description of Davinder was also given as having "wheatish colour round face, strong body, wearing white kurta, pyjama and hawai chappal. A Hanuman picture tattooed on his arm and a mark of injury on his thigh. The height of Davinder was 5' 8" and aged about 18 years". Request was made to trace out Davinder. ASI Rajinder Singh, Incharge, Police Post Kundli, Police Station Rai, recorded the police proceedings and sent the same to Police Station Rai for registration of a case under Section 364/34 IPC at about 6:00 PM.
(3.) IN the meanwhile, on 28.6.2014, the police of Police Post S.B. Dairy, Police Station Narela Bowana recorded DDR No. 4, dated 28.6.1999 (Ex. PD/2) to the effect that on receiving intimation about the dead body lying in water at Western Yamuna Canal Bridge near Samaypur Badli, the police visited the spot. The dead body was taken out of the water. The dead body was wearing light yellow colour kurta and pyjama. There was no mark of injury on the dead body. Many people gathered at the spot, but the dead body could not be identified. The dead body was highly decomposed. There was a tattoo design of Hanuman on the right hand of the dead body. The dead body was sent to Mortuary, Sabzi Mandi, Delhi. The police also prepared the inquest report.;