Vijay Kumar Vyas, J. - (1.) This criminal appeal has been filed by accused Dara Singh alias Didar Singh against the judgment dated 23.1.2008 passed by the learned Additional Sessions Judge Aklera, District Jhalawar. Appellant Dara Singh @ Didar Singh was convicted and sentenced as follows : u/s 397 IPC - Seven years' rigorous imprisonment. U/s 404 IPC - Two years' rigorous imprisonment with fine of Rs.500/-, in default thereof, to further undergo one month's imprisonment. U/s 302 IPC - Life Imprisonment with fine of Rs.5000/-, in default thereof, to further undergo six months' RI. All the sentences were ordered to run concurrently.
(2.) Brief facts giving rise to the appeal are that one Surendar Singh S/o Shri Charan Singh, R/o Kagwal, P.S. Hajipur, District Hoshiyarpur (Punjab) with Khalasi (cleaner) Sikandar lodged a verbal report at Police Station Aklera (Jhalawar) on 26.12.2005 alleging, inter alia, that he is driver of truck bearing No. PB-23D-6797. Mahendra Singh S/o Shri Pooran Singh is owner of the truck. Mahendra Singh has another truck bearing No. PB-23D-3997 whose driver is Dara Singh @ Didar Singh and Khalasi is Shambhu Bihari. Both these trucks proceeded on 21.12.2005 after loading cement-sheets from Katni Transport Corporation of India Limited to Chandigarh. The owner was with them in truck No. PB-23D-3997. He was possessing about Rs.30,000/- to Rs.40,000/- for diesel and other expenses. On 25.12.2005 at about 8-9 PM, they entered into Rajasthan and stopped for taking meal at Dhaba situated near Reliance petrol pump. Some hot discussions among owner, driver and Khalasi of truck No. PB-23D-3997 took place there. Thereafter both, driver Dara Singh @ Didar Singh and Khalasi Shambhu, without taking meal, boarded back in the truck. Rest of three persons took the meal. Thereafter, the owner Mahendra Singh boarded in truck No. PB-23D-3997. Both the trucks departed and crossed the boarder check post at about 11.00 PM. Thereafter, complainant, who was plying his truck ahead, parked the truck at new bridge near Dhaba at some distance from Aklera and went to a sleep. In the morning, when he reached at a place where mile stone was showing Aklera - 19 Kms., he saw the other truck No. PB-23D-3997 standing with engine on and wind sheet of the truck was broken. They stopped their truck and saw that blood was flowing from driver side towards tyre. One stone was lying in front of the truck. The Khalasi Sikandar peeked into truck and informed that Mahendra Singh is lying dead on the seat behind driver seat, having injury on his head and bleeding. The complainant parked his truck and saw that his owner Mahendra Singh was lying dead and a big stone was there in the truck. Both, driver and Khalasi of that truck, were missing and indicators of the truck were on and hand breaks were found in use. He got the address of Aklera police station from one Sardarji's Dhaba and came to the police station by taking private vehicle. Due to hot discussions for money, driver Dara Singh @ Didar Singh and Khalasi Shambhu Bihari of truck No. PB-23D-3997 have murdered his owner Mahendra Singh in the truck and fled away.
(3.) On receipt of the report, FIR No. 347/2005 was registered at Police Station Aklera for the offence u/s 302/34 IPC. Postmortem was conducted of the dead body. The accused appellant was arrested. After investigation, charge-sheet for the offences u/s 302, 397 and 404 IPC was filed against the accused Dara Singh @ Didar Singh and while keeping the investigation pending u/s 173(8) Cr.P.C. An incomplete charge-sheet u/s 299 Cr.P.C. was filed against co-accused Shambhu Bihari. The charge-sheet was submitted before the learned Additional Chief Judicial Magistrate, Aklera, who in turn committed the case for trial before the learned Additional Sessions Judge, Aklera.;