The successful proof of the case beyond reasonable doubt through ocular evidence corroborated by medical evidence, despite the unproved recovery of murder weapons, and the appropriateness of the sentence imposed.

JUDGMENT :

Nalin Kumar Srivastava, J.

1. This Criminal Appeal has been preferred by appellants – Sarjeet and Devendar against the judgment and order dated 1.5.2010 passed by Additional District and Sessions Judge, Fast Track-I Court No.9, District Gautam Budh Nagar in Sessions Trial No.291 of 2002 (State Vs. Hari Singh and Others) arising out of Case Crime No.42 of 2002 under Sections 147, 148, 302, 120-B IPC, Police Station Dankaur, District Gautam Budh Nagar, convicting and sentencing both the appellants for the offence under Section 147 IPC to undergo six months imprisonment with fine of Rs.500/-each, for the offence under Section 148 IPC to undergo one year imprisonment with fine of Rs.1000/-each and for the offence under Section 302 IPC to undergo imprisonment for life with fine of Rs.10,000/- each with default sentence.

Brief Facts of the case

2. Prosecution story, in nutshell, as unfolded in written report (Ex.Ka.-1), is as follows:

On 21.3.2002 at about 7.00 a.m. the complainant Nepal Singh alongwith Ramesh, Gajraj and Pawan was sitting in his Gher, when his son Bijendra was sent to Milak to collect money. After Bijrendra left, the complainant saw that accused Sarjeet and Devendar alongwith 5-6 young aged unknown fellows armed with country made pistols and knives were going towards Milak. Apprehending that the accused may not indulge in fight with his son Bijendra, the complainant alongwith Ramesh and others went towards Milak and saw that near Johar Bijendra was caught hold by accused Devendar, Sarjeet and their 5-6 associates who were beating him. The accused Devendar and Sarjeet armed with knives assaulted his son Bijendra on his face and cut his neck. When the complainant raised alarm, hearing his shrieks, Prithvi, Satti and Malkhey alongwith other people reached at the place of occurrence, then the accused persons fled away towards the village Milak. It is further stated in the report that 5-6 years back, accused Devendar's brother Harveer had fallen in a well and died, for which the accused Devendar and his family members had a suspicion over the informant party. A land dispute was also pending between the informant and accused Sarjeet’s father Hari Singh. Due to aforesaid reasons, Hari Singh, Jasram, Sarjeet, Devendar called other miscreants on 20.3.2002 at their house and after hatching conspiracy committed murder of the son of the complainant. With the help of villagers, the complaint took his son to Government Hospital in injured condition where the doctors declared him dead.

3. On the basis of written report (Ex.Ka.-1), on 21.03.2002 at 9:05 hours, Chik First Information Report at Crime No.42 of 2002 under Sections 148, 302, 120-B IPC was registered against accused-persons at P.S. Dankaur as Ex.Ka.-3.

4. The investigation started. During the course of examination, both the accused were arrested and murder weapon knives were recovered at the pointing out of the accused-persons. The Investigating Officer recorded the statement of all the witnesses of fact and also the formal witnesses.

5. The inquest of deceased Bijendra was conducted and autopsy of the body was performed by Dr. Yashwant Singh P.W.17 who found the following ante-mortem injuries over the body of the deceased :

(i) Incised wound 7 cm. x 3.5 cm. x great vessel deep & muscle deep on left side neck (left sub mandibula region). On examination -trachea cut, muscles cut, internal carotid artery and internal jugular vein cut and esophagus cut.

(ii) Multiple incised wounds in an area of 12 cm. x 10 cm. of left side face & chest of sizes varying from 1 cm. x 0.5 cm. x sub cut deep to 2.5 cm. x 1 cm. x muscle deep.

(iii) Incised wound 1 cm. x 0.5 cm. x sub cutaneous deep right side chest 8 cm. medial to right nipple at 4’O clock position.

(iv) Incised wound 1 cm. x 0.5 cm. x sub cutaneous deep right side abdomen 6 cm. outer to umbilical at 9’O clock position.

It