Document Fragment View

Matching Fragments

PRAFULLA C. PANT, J.

1. This appeal is directed against judgment and order dated 24.5.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 827-DB of 2002 whereby conviction and sentence recorded by the Additional Sessions Judge (FTC), Sonepat against the appellant under Section 302 of Indian Penal Code (IPC) has been affirmed.

2. We have heard learned counsel for the parties and perused the record.

3. Prosecution story, in brief, is that PW-9 Raj Singh, resident of Village Hassanpur, had three brothers. Raj Pal @ Pale (deceased) was younger to him. All the four brothers used to live separately. On 11.1.2000, Raj Singh had gone to Sonepat with his brother Raj Pal for some personal work. Raj Singh got held up in Sonepat, and Raj Pal left for the Village. Later, he (Raj Singh) also proceeded from Sonepat. At about 10.00 p.m., when Raj Singh on his way to Village Hassanpur, alighted from three-wheeler, at G.T. Road crossing, he noticed Sanjeev @ Gaja (appellant) with blood stained clothes fleeing from the side of Government tubewell towards Murthal bus stand. He (Raj Singh) could identify Sanjeev in the headlights of the vehicles, but did not have an idea that his brother (Raj Pal) had been murdered. After meals he went to bed. In the next morning, Shakuntala (wife of Raj Pal) came to him and told that Raj Pal had not reached home. On this, a search was made by Raj Singh and his another brother Ram Kumar regarding their missing brother. At about 9.00 a.m., they reached near water supply tubewell and noticed a man lying only with trousers. They went near to see the person and realized that their brother Raj Pal has been killed who was lying in the pool of blood. There were wounds on the forehead, nose and eye brows of the body. Shirt, sweater, slippers, etc. were lying at some distance. Suspecting that Sanjeev @ Gaja might have killed or helped someone killing Raj Pal, he went to the police post and gave First Information Report (Ex. PG/1) on 12.1.2000 at 10.40 a.m.

4. PW-6 A.S.I. Jagat Singh recorded the above First Information Report relating to offence punishable under Section 302 IPC at Police Post, Sadar, Sonepat. Police team headed by PW-14 S.I. Yashpal Singh with PW-8 H.C. Mahinder Singh and Constable Rajeev Singh, along with informant, proceeded towards the place where the dead body was lying. The body of the deceased was taken into possession and sealed. The inquest report (Ex. PE/2) was prepared. Shirt, sweater, slippers, etc. and a blood stained brick were also taken into possession by the police and a memorandum was prepared. Sealed dead body of Raj Pal was handed over to PW 8 H.C. Mahinder Singh, and sent for post mortem examination through Constable Ramesh Kumar and Rajbir. PW-11 S.I. Ram Chander took up investigation.

It was opined by the two doctors, who conducted post mortem examination, that the above mentioned ante mortem injuries were sufficient to cause death.

6. Mean while, accused Sanjeev who had gone to Government Hospital in the intervening night of 11.1.2000 and 12.1.2000, was also medically examined by PW-13, Dr. C.P. Arora of General Hospital, Sonepat, at about 1.30 a.m. (12.1.2000), and following injury was found on his person: -

9. The oral and documentary evidence was put to the accused under Section 313 of the Criminal Procedure Code on 16.1.2000 by the learned Sessions Judge, in response to which the accused pleaded that the same was incorrect, and stated that he was falsely implicated.

10. The Additional Sessions Judge, Fast Track Court, Sonepat, after hearing the parties, found accused Sanjeev guilty of charge of offence punishable under Section 302 IPC and convicted him accordingly on 3.10.2002. The parties were heard on sentence on 5.10.2002 and the convict (Sanjeev) was sentenced to imprisonment for life and directed to pay fine of Rs.5000/-, in default of payment of fine he was directed to undergo further imprisonment for a period of two months.