The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.

JUDGMENT

Mr. Sureshwar Thakur, J.

The instant appeal is directed against the verdict drawn on 26.09.2022, upon Sessions Case No.SC/491/2017, presented on 07.04.2017, registered on 10.04.2017, by the learned Additional Sessions Judge, Rohtak, wherethrough, in respect of charges drawn for offences punishable under Sections 302 /201/34 of IPC, he recorded a verdict of conviction against the convict. Moreover, through a separate sentencing order of 01.10.2022, the learned trial Judge concerned, imposed, upon, the convict both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner.

2. Both the substantive sentences were ordered to run concurrently. However, the sentences in default of payment of fine were ordered to run conjointly. The period spent in prison by the convict, during investigation or trial, was in terms of Section 428 of Cr.P.C., ordered to be set off from the above imposed substantive sentence(s) of imprisonment, upon the convict.

3. The convict becomes aggrieved from the above drawn verdict of conviction besides also becomes aggrieved from the above drawn order of sentence, thus, he is led to institute there against the instant appeal before this Court.

Factual Background

4. The genesis of the prosecution is that, the complainant Jagat Singh (PW-1) moved an application/complaint (Ex.P1) before the police alleging therein, that he is resident of village Bhagwatipur, District Rohtak. He is working as Head Constable in RPF, Shakur Basti, Delhi and he had come on leave. On 4.9.2012, at about 8.30 p.m., his elder brother Rajender Singh went to their Gher with his food from his house as usual. On 5.9.2012, at about 5.00 a.m., in the morning, his Bhabi Sushila wife of Rajender went to their Gher for milking the buffalo. She found that main gate of the Gher and room were locked from outside. His Bhabi told him in this regard. He went to the Gher and found that Gher and room were locked from outside. He saw from the window of the room and found that food of his brother was there as it is on the cot and container of milk was lying on the Takhat (wooden bed). He took another key of the lock from his house and opened the door and found that food and milk were lying as it is. He and his family searched for his brother but he was not found. He prayed for search of his brother. Thereafter, the complainant Jagat Singh moved another application Ex.P2 before the police alleging there that on 05.09.2012, he got reported the missing report of his brother Rajender alias Raju son of Prem Singh vide Rapat No.37, however on 08.09.2012, he came to know that his brother Rajender had been murdered in the Gher by Rakesh son of Rajmal, Punjab alias Pappal son of Ranbir, wife of Rakesh, Sandeep son of Karambir in conspiracy with each other and after the murder of his brother they either burnt or hide the dead body in order to destroy the evidence. He prayed that action might be taken against the accused.

Committal Proceedings

5. Since the afore offence was exclusively triable by the Court of Session, thus vide committal order dated 28.03.2017 the learned Sub Divisional Judicial Magistrate concerned, committed the accused to face trial before