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Ms. Shubra Singh, DAG, Haryana.

A.N. Jindal, J This judgment shall dispose of two connected appeal Nos. 908-DB of 2005 and 959-DB of 2007 preferred by Sat Narain and Jaibir respectively for the murder of Hoshiar Singh, Sarpanch of the village Purkhas Dhiran.

On the murder of Hoshiar Singh on 2.3.2003, out of the three accused, Sat Narain was arrested on 4.3.2003. He was tried, convicted vide judgment dated 12/13.7.2005 passed by the learned Additional Sessions Judge, Sonepat, and sentenced to rigorous imprisonment for life and to pay fine of `5000/- under Section 302 IPC.

However, the accused Jaibir and Kishan had absconded, therefore, they could not be arrested, as such vide order dated 2.8.2003, they were declared as proclaimed offenders by the Illaqa Magistrate, but the accused Jaibir was arrested on 30.1.2006, therefore, supplementary challan was presented against him. Ultimately on completion of the investigation against him, he was challaned, charged, tried, convicted vide judgment Criminal Appeal No. 908-DB of 2005 & dated 22.9.2007 passed by the learned Additional Sessions Judge, Sonepat, and sentenced to undergo rigorous imprisonment for life and to pay fine of `50,000/- under Section 302 IPC. It was further ordered that the amount of fine, on realization was to be paid to the kins of the deceased on account of compensation as per provisions of Section 357 Cr.P.C.

In order to substantiate the charges against Jaibir, the prosecution examined Ranbir (PW1), Raj Singh (PW2), Dr. Rajiv Sethi (PW3), ASI Dhanpat Rai (PW4), HC Lehna Singh (PW5), C. Ashwani Kumar (PW6), ASI Mahabir (PW7), C. Rajesh (PW8), Mahabir (PW9), ASI Ramphal (PW10), Inspector Prem Singh since retired (PW11), Satish Kumar Criminal Ahlmad to the Court of SDJM, Gannaur, (PW12), ASI Balwan Singh(PW13), SI Yashpal (PW14), Silak Ram Reader to District Magistrate, Sonepat (PW15), ASI Mahinder Singh (PW16). EHC Joginder (PW17), Satish Ahlmad (PW18), ASI Kanwal Singh (PW19) and SI Sat Lal (PW20). The prosecution also tendered into evidence statement of Ran Singh (Ex.PT) who had died on 16.3.2005 at the time of evidence examined in Sessions Case No.21 of 2003 titled as State vs. Sat Narain.

So far as the case of Jaibir is concerned, that stands duly established on the record. The occurrence allegedly took place on 2.3.2003. After causing the injuries, he escaped and was ultimately declared as Proclaimed Offender by the Illaqa Magistrate on 2.8.2003 whereas challan against Sat Narain was prepared and presented on 7.9.2003. The accused Jaibir has failed to explain the reasons of his absconding, therefore, the fact that he remained missing for three years concealing himself and keeping himself away from the clutches of the police, indicates the circumstance against him which may point towards his involvement in the case. Any way, at the time of commitment of the challan, Additional Sessions Judge, Sonepat was aware of the fact that Jaibir has been declared as Proclaimed Offender.