JUDGMENT :

Jasjit Singh Bedi, J.

This judgment shall dispose of MRC-07-2022 sent by the District and Sessions Judge, Sonipat titled as State of Haiyana Versus Partap Sumit @ Fundi & another and CRA-D-229-2023 titled as Sumit @ Fundi & another Versus State of Haryana as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRA-D- 229-2023.

2. The present appeal has been filed against the judgment of conviction and order of sentence dated 19.12.2022 passed by the Addl. Sessions Judge, Sonipat.

3. The FIR was registered on 11.05.2017, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Sonipat is dated 19.12.2022, the appeal was filed on 13.02.2023 and the matter is being taken up for hearing now i.e. after a period of 8 years from the date of registration of the FIR.

4. The brief facts of the prosecution case are that on 11.05.2017 the complainant Ved Kaur (PW9) wife of Mahender Singh (PW8), Dhanak by caste r/o Sant Kabir Ashram Kalupur, Sonipat presented a complaint in the police station in the name of SHO, PS. City, Sonipat. She stated that she had two children. Amit was her son and her daughter was 'S' (hereinafter known as the deceased) aged about 19 years and was working in a medicine factory in the industrial area, Sonipat. Sumit r/o Kalupur used to harass her daughter for which she had several times objected to his activities several times. He had slapped her because he lost his temper due to non-response from her daughter one week earlier. They did not lodge any protest anywhere. On 09.05.2017 at about 6/7.00 a.m. she went to the factoiy but she did not return back. They continued to search at their own level but no clue could be found. She suspected that Sumit r/o Kalupur had taken her somewhere after abducting her. She prayed that her daughter be traced and legal action be taken against Sumit @ Fundi. In the complaint, she had also given her particulars and description. On this complaint, case FIR No.232 on 11.05.2017 under Section 365 IPC, Police Station City, Sonipat was registered. The investigation was carried out by P/SI Prem, PS. City, Sonipat. Information was received on 12.05.2017 from one Satish son of Om Parkash that on 11.05.2017 the dead body of unknown lady had been found at Parsvanath City, Rohtak in the area of Urban Estate, Rohtak. On receipt of this information, P/SI Prem went to Urban Estate, Rohtak with the family members of the deceased where ASI Samunder Singh disclosed that a dead body of a lady was found at Parsvanath City, Rohtak in the area of Bohar regarding which the proceedings under Section 174 Cr.P.C. were carried out and the dead body was kept in mortuary of PGIMS, Rohtak for identification. The Investigating Officer along with the ASI and family members of the deceased reached the mortuary of PGIMS, Rohtak where they identified the body as 'S' daughter of Mahender, Dhanak by caste, r/o Kabirpur Ashram, Kalupur, Sonipat. The dead body was subjected to post mortem examination by a board of doctors of PGIMS, Rohtak was handed over to the family members for cremation. As per PME/2017/05/2014 dated 12.05.2017 the doctors opined that the cause of death was head injuiy described which were ante mortem in nature and sufficient to cause death in the ordinary course of nature. The anal and vaginal swabs were taken for detecting seminal fluids, if any. The manner of death was given after receipt of the scene of crime report and photographs. The post mortem samples from the body of deceased were obtained from the doctor and were converted into separate parcels and were taken into police possession. Proceedings under Section 174 Cr.P.C. were carried out and the statements of the witnesses were recorded.

Meanwhile, in case FIR No.234 of 2017 dated 12.05.2017 under Section 25-54-59 of the Arms Act, PS. City, Sonipat accused Sumit @ Fundi son of Hari Om r/o Kirti Nagar, Kalupur, Sonipat was arrested by HC Dalbir. He produ