VIRENDRA KUMAR MATHUR,J. - (1.) These Criminal Appeals under sec.374 CrPC has been preferred against order dated 18.06.2011 passed by learned Additional Sessions Judge (Fast Track), Hanumangarh Camp Nohar in Cr. Sessions Case No.12/2010 (11/2010) pertaining to FIR No.197/2010 registered at Police Station, Nohar, for offence under sec.302 in the alternative 302/34 and sec.341/34 IPC , whereby the accused-appellants were convicted and sentenced as under: Offence under sec.302/34 IPC - Life imprisonment with fine of Rs.2000, in default of payment of fine, to further undergo 6 months simple imprisonment Offence under sec.341/34 IPC - one month's simple imprisonment Briefly stated, on 30.04.2010 a written report was submitted by Balveer Singh before SHO, Police Station Nohar, stating that his elder brother Sadul Singh was residing in his own house in Ward No.1 Dhani Sikhan. On 29.04.2010, he went for supplying milk in Nanda Colony at about 8:00PM. When he was returning back to his home, unknown persons strangulated him and cause his death near the outer signal of Railway line. He was informed early in the morning that dead body of Sardul Singh is lying at outer signal.
(2.) The SHO Police Station Nohar sent this report to the Police Station for registering FIR. One Constable Rai Singh went to the Police Station with this report and FIR No.197/2010 was registered at about 9:10AM on 30.04.2010. During investigation, the Investigation Officer prepared site-plans Ex.P2 and Ex.P2A and other memos - Ex.P4 Panchnama of dead body, Ex.P5 recovery memo of blood-smeared soil at the site, Ex.P6 recovery of 3 teeth from the site, Ex.P7 recovery of three Steel containers ('Burni'), Ex.P8 recovery of one 'safa' (turban) which was found wrapped around neck of deceased Sardul Singh, Ex.P9 recovery of blood- stained clothes of deceased Sardul Singh, Ex.P11 recovery of bunch of keys and one Identity Card of deceased Sardul Singh from accused Chhotu Ram, Ex.P12 recovery of blood-stained clothes from accused Sanjay Kumar and prepared map of recovery spots Exs.P14 & P14A. Body of the deceased was sent for autopsy. After completion of investigation, challan was filed against Chhotu Ram, Sanjay and Ram Kumar. Accused Ram Kumar being minor, a separate regular Cr. Case No.30/2010 was registered against him before Juvenile Justice Board, Hanumangarh. In that case, after trial, juvenile Ram Kumar was acquitted of the charge of offence under secs.341, 302/34 IPC by giving him benefit of doubt vide judgment dated 27.01.2014. During trial against accused-appellants Chhotu Ram and Sanjay Kumar, on behalf of the prosecution 9 witnesses were examined and documents Exhibits P1 to P39A were exhibited. Accused Chhotu Ram and Sanjay were examined under sec.313 CrPC . Both the accused pleaded not guilty and stated that they have been falsely implicated. Accused Sanjay stated that he never went to the house of Hardutt in 'jagran' nor does he know Hardutt and Hardutt has falsely implicated him. Both the accused did not choose to examine any witness in their defence.
(3.) Learned trial court after hearing both the parties, passed the judgment under appeal dated 18.06.2011 whereby accused- appellants have been held guilty for offence under secs.302/34 and 341/34 IPC and sentenced as aforesaid. Being aggrieved by the judgment of conviction and order of sentence, the appellants have preferred these appeals on various grounds. It was contended that the FIR was lodged against unknown persons and the appellant Chhotu Ram was tenant of deceased Sardul Singh, he has no enmity with the deceased and there is no motive for him to kill Sardul Singh. The Investigation Officer prepared site plan at 8:40AM while the FIR was registered at 9:10AM, hence, the investigation was started before lodging of the FIR. No motive has been shown in this case. Further, there is no last-seen evidence nor any extra-judicial confession is brought on record in this case. The learned trial court has failed to properly appreciate the circumstances and convicted the accused- appellants illegally.;