Harbans Lal, J. - (1.) THIS appeal has been directed against the judgment dated 4th February, 2003 and order of sentence dated 6th February, 2003 passed by the Court of learned Sessions Judge, Bhiwani vide which he convicted and sentenced the accused/Appellants Mani Ram and Rajender, to undergo imprisonment for life and to pay a fine of Rs. 2000/ - or in its default to further undergo rigorous imprisonment for a period of six months each under Section 302 read with Section 34 of the Indian Penal Code and further convicted and sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of Rs. 1000/ - or in default thereof to further undergo rigorous imprisonment for a period of six months under Section 377 read with Section 34 of IPC each with a further direction that both the substantive sentences shall run concurrently.
(2.) SUCCINCTLY put, facts of the prosecution case are that on 19th August, 2000, Raghbir Singh son of Shibu Ram complainant resident of Village Sanwar made a statement before the Sub Inspector Partap Singh, SHO, Police Station Baund Kalan stating therein that he and his elder brothers, namely, Sarjit and Diwan were living separately. He had two sons out of whom, eldest was Anil Kumar aged 15 -16 (since deceased) and younger is Amit. Anil was studying in 10+2 class in Village Sanwar. On 18th August, 2000, at about 4.30 P.M., Anil left the house by telling his mother Chanderpati that he was going to Devi Mandir to pay obeisance but he did not return till 9.00/10.00 P.M. He (complainant) and his brother Diwan accompanied by many residents of the village searched for Anil here and there throughout the night but he could not be traced. On the next morning (19th August, 2000) he alongwith Jagrup son of Shishpal and Surender son of Ram Karan was searching near Devi Mandir and Kandalwala Johar (pond). They noticed dragging marks near the Kem and Kendu trees. They found that the dead body of Anil Kumar bearing strangulation marks of a rope besides other injuries on the eyes and ears was lying in between the two trees. He suspected that some unknown person had killed his son Anil Kumar by strangulating. He set out for reporting the matter to the police by leaving Jagrup and Surender near the dead body. On the way, he came across the abovementioned Sub Inspector, who recorded his statement, made his endorsement and sent the same to the Police Station, where on its basis formal was registered. The Sub Inspector went to the scene of crime, prepared the rough site plan, conducted the inquest proceedings, recovered one Danda and two Nirodh (condoms) from the spot, which were taken into possession. A purse containing a diary, one currency note in the denomination of Rs. 50/ - and one photograph were recovered from the well. The place of occurrence was also got photographed. After observing usual formalities, the dead body was despatched for postmortem examination. On 20th August, 2000, both the accused were arrested. Pursuant to his disclosure statement, accused Rajender got recovered a plastic rope Ex.P13. The accused Mani Ram pointed out the place of occurrence and the well into which he had thrown the purse. The accused Rajender also pointed out the place of occurrence and memo of demarcation was prepared. The site plan showing the place of occurrence was also drawn. Both the accused were got medico -legally examined. The Medical Officer handed over the underwear of accused Rajender and pyjama of accused Mani Ram to the Investigator, who took the same into possession after converting the same into a sealed parcel.
(3.) AFTER completion of investigation, the charge -sheet was laid in the committing Court.;