- (1.) INSTANT appeal has been filed by accused appellant Sarjeet Singh against the judgment dated 17. 12. 2003 passed by the learned Addl. Sessions Judge (Fast Track) No. 1, Alwar whereby the appellant was convicted and sentenced as under:- U/s. 302 IPc To suffer imprisonment for life and fine of Rs. 5,000/-, in default to further suffer one years rigorous imprisonment. U/s 364 IPc To suffer ten years rigorous imprisonment and fine of Rs. 1,000/-, in default to further suffer six months rigorous imprisonment. U/s. 394 IPc To suffer ten years rigorous imprisonment and fine of Rs. 2,000/-, in default to further suffer six months rigorous imprisonment. U/s. 201 IPc To suffer seven years rigorous imprisonment and fine of Rs. 2,000/-, in default to further suffer six months rigorous imprisonment.
(2.) MR. Satyapal Poshwal was appointed as amicus curiae for appellant and arguments were heard. The brief facts which are relevant and essential for the disposal of this appeal are as under: Hardev Singh PW-1 has lodged a written report Ex. P-4 on 29. 6. 95 to Station House Officer, PS Ramgarh, Alwar wherein it was mentioned that dead body of unknown person was lying under the bridge of a canal near Bilaspur-Nangal Alak Road. Police registered a report and started inquiry under Section 174 Cr. P. C. Police went on the spot and seized that dead body and prepared site plan, and Panchayatnama. Photographs of that dead body were taken. During that inquiry, Karam Jeet Singh PW-4 came to Ramgarh Police Station and saw those photographs of the deceased person and identified him as his elder brother Pradeep Kumar and further told to police that on 27. 06. 1995 four persons came to Rewari Taxi Stand and took his brother Pradeep Kumar and his Maruti Van. His brother did not come back home, therefore, report was lodged in Rewari police station about his missing. During this inquiry, Karamjeet Singh informed the Ramgarh Police that some criminals have been arrested by the Suratgarh police with that van. Police on this information registered a case for the offence under Section 394, 302 and 201 IPC and started investigation. During investigation statements of witnesses were recorded and the Maruti Van was seized by the police from Suratgarh police station. Accused Sarjeet Singh has been arrested from jail. Identification parade was conducted and Sarjeet Singh was identified by Karamjeet Singh and Naresh Kumar and after completion of investigation, police filed challan against accused appellant where from case was committed to Sessions Judge and ultimately was transferred to the court of learned Addl. Sessions Judge (Fast Track), No. 1, Alwar. In this case charges for the offences under Sections 364, 302, 394 and 201 IPC were framed against the accused appellant. The appellant denied the charges and claimed trial. Prosecution examined 18 witnesses namely Hardev Singh Yadram Meena, Yadram Yadav, Karamjeet Singh, Naresh, Dharma Singh, Hajarilal, Balvindar, Jaisiram, Surendra Kumar, Raghunath, Shribhagwan, Anoop Kumar Saxena, Dr. L. C. Garg, Prem Singh Rajendra, Dharmpal and Ranjeet Singh. The accused was examined under Section 313 Cr. P. C. and he did not examine any defence witness. Arguments were heard and ultimately he was convicted and sentenced as mentioned hereinabove. Arguments heard.
(3.) LEARNED Amicus Curiae has argued that prosecution has failed to prove any offence against the accused appellant beyond reasonable doubt. It is also argued that witnesses examined by the prosecution are not reliable, therefore, the appeal should be allowed and conviction and sentenced passed by the Trial Court should be set aside. Learned Public Prosecutor has argued that Trial Court has rightly convicted the accused appellant for the offences mentioned above. He has contended that PW-4 Karamjeet Singh and PW-5 Naresh Kumar are very important witnesses. They have fully proved that accused appellant Sarjeet Singh with three other persons came to Rewari and took the deceased Pradeep Kumar and his Maruti Van with them. It is also proved by their statements that when Pradeep Kumar did not turn up, a report about his missing was lodged to Police Station, Rewari. It is also argued that it is fully proved by the statement of PW-1 Hardev Singh that a dead body of unknown person was lying under the bridge of canal on the way of Bilaspur Nangal Road. It is also proved that photographs of that dead body was taken. Learned Public Prosecutor has also argued that Karamjeet Singh who is brother of the deceased and Naresh Kumar has identified the dead body by photographs as of deceased Pradeep Kumar. Learned Public Prosecutor has argued that it has been proved that accused Sarjeet Singh was arrested by Suratgarh police with that Maruti Van and case under Section 411 IPC was registered against him and challan was filed. It is also argued that Sarjeet Singh has burnt relevant papers of van and its ash was recovered. It is also argued that identification parade was conducted in the jail and Karamjeet Singh and Naresh Kumar have identified Sarjeet Singh correctly and has also identified in Court. It is also argued that all the circumstances appearing in prosecution evidence was put to accused in his statement recorded under Section 313 Cr. P. C. but no reasonable explanation was given by him. It is also argued that Trial Court has rightly convicted him for the above mentioned offences. We have considered the rival contentions of both the parties and have perused the impugned judgment and have also examined all the evidence recorded by the Trial Court. ;