HATTI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.