JUDGEMENT
AJAY TEWARI,J. -
(1.)This appeal has been filed against the judgment and orders of conviction dated 16.02.2016 passed by the Sessions Judge, Mewat
whereby the appellants had been convicted under Sections 302 read with
Section 34 IPC, 1860 in FIR No.272 dated 17.06.2014 registered at Police
Station Tauru. The appellants were ordered to undergo life
imprisonment and to pay a fine of Rs.1,00,000/- each for the commission
of an offence punishable under Section 302 read with Section 34 IPC,
1860 and in case of default of payment of fine, they are ordered to undergo simple imprisonment for a period of one year and the amount of
fine if realized, is ordered to be given to the legal representatives of
deceased as compensation.
(2.)The brief facts are that on 17.06.2014 the police party was informed that one dead body was lying in the Sorghum (JOWAR) fields
of Rohtash son of Ram Kishan and the police reached there. They found
the dead body of Usman and his family members were also present. His
son lodged the FIR to the effect that on the previous night his father had
gone to irrigate the jowar fields at about 11.30 P.M. but did not return
through out the night and in the next morning when they were searching
for him they found his dead body with injury marks. They suspected that
he had been done to death by Rohtash (whose fields his dead body was
lying) because of previous enmity.
(3.)The police initiated investigation but came to the conclusion that Rohtash was not guilty and arrested the two appellants and claimed
that actually Usman was exploiting Warisa @ Kochar and she complained
to her brother-appellant No.1-Hakam @ Mendal who along with a third
person Fateh Mohamed conspired that on the fateful night Warisa @
Kochar would call Usman to the fields and as per that conspiracy she
called up Usman and when he came to the fields he was killed.
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