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CASE NO.:

Appeal (crl.) 922 of 2006

PETITIONER:

Hatti Singh

RESPONDENT:

State of Haryana

DATE OF JUDGMENT: 17/04/2007

BENCH:

S.B. Sinha & Markandey Katju

JUDGMENT:

J U D G M E N T

S.B. SINHA, J :

Deceased was owner of two Maruti vans. The same were used to be

plied on hire. On or about 11.07.1995, he brought the vehicle bearing

Registration No. DDA 3665 at the taxi stand of Hansi. It was hired by

someone. He did not return thereafter. A search was made but he could not

be traced. On or about 22.07.1995, Rajbir (PW-9) received an information

that one Maruti van had been seen abandoned and recovered by the police.

He went to the Police Station, Narnaud. It was identified to be the same

vehicle which was owned by the deceased. Stains of blood were also

noticed inside the Maruti van. A First Information Report was lodged by

him on the same day, whereupon a case under Section 364 IPC was

instituted. On the next day i.e. on 24.07.1995, a dead body was recovered

from a canal. The dead body was in such a condition that it did not bear any

mark of identification. An inquest was conducted. The dead body was

identified by Jai Singh (PW-13) and Satbir Singh on the basis of

identification of the clothes found on the person of the deceased, which

were said to have been stitched by the said Satbir Singh. He had, however,

not been examined. A statement was made by Ram Kishan (PW-10) before

the police on 25.07.1995 alleging that the appellant and his three associates

had hired the taxi of the deceased. On the next day, i.e. on 26.07.1995,

Balwan Singh (PW-11) made a statement before the Investigating Officer,

alleging that he was given a lift by the deceased in the said Maruti van upto

Village Mundhal, in which the accused persons were also travelling.

Appellant was arrested on 29.07.1995. On his personal search, a

purse belonging to the deceased was recovered. A pistol and two cartridges

were also said to have been recovered. One electricity bill of the deceased

as also his photograph were also allegedly recovered. He allegedly made a

confession leading to recovery of the number plate of the vehicle from a

well. Suresh, another accused, was also arrested and one ring of silver on

which the word ’Umed’ was inscribed was recovered from him.

There appears to be some controversy as to whether a pistol was also

recovered from him or not. He also made a confessional statement.

Appellant also made a confessional statement. Another accused Charanjit

was also arrested and a watch of HMT make was recovered from him,

which was also identified by Rajbir (PW-9) to be belonging to the deceased.

Upon completion of the investigation, charges under Sections

364/302/ 201 read with Section 34 IPC were framed against the appellant

and the other accused persons.

The prosecution in support of its case examined as many as 20

witnesses. Whereas, other accused persons, namely, Naresh, Charanjit and

Suresh were given the benefit of doubt, the appellant was convicted for the

offences punishable under Sections 364/302 and 201 IPC and Section 25 of

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the Arms Act. He was sentenced to undergo imprisonment for life and to

pay a fine of Rs.10,000/-, for the offence punishable under Section 302 IPC,

in default whereof to undergo rigorous imprisonment for a period of one

year. He was sentenced to undergo rigorous imprisonment for a period of

three years and to pay a fine of Rs. 5,000/- for commission of the offence

punishable under Section 201 IPC, in default whereof to undergo rigorous

imprisonment for a period of six months. He was sentenced to undergo

rigorous imprisonment for a period of 7 years and to pay a fine of Rs.

10,000/- for the offence punishable under Section 364 IPC, in default

whereof to undergo rigorous