DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted in Special Leave Petition (Crl.) No.1745 of 2014. Accused Nos. 2, 3, 5 and 6 have filed these appeals against the judgment of the High Court confirming their convictions and sentences passed by the Sessions Judge, Ambala. Accused No.1 did not prefer an appeal against the judgment of the High Court. The appeal filed by Accused No.4 abated due to his death.

(2.) Bharat Bhushan Arora (hereinafter referred to as the deceased) son of Sh. Kanwal Nain Arora was the owner of Bharat Furniture Udhyog, Faridabad. At about 8:00 pm on 10.09.1996, the deceased along with his employee Kamlesh (PW-6) left for Delhi on his scooter to purchase toughened glass sheets for TV showcases. He was scheduled to return back around midnight.

(3.) The investigation was initially carried out by A-4, Inspector Ram Kumar who was assisted by A-5, Dharam Pal ASI and A-6, Mawasi Ram ASI. On completion of the investigation, a closure report under Section 173 was filed on 11.01.1997 in which it was stated that the death was caused due to an accident. As the father of the deceased suspected that his son was murdered, he requested the Government of Haryana to order an enquiry. The District Magistrate, Faridabad ordered a magisterial enquiry to find out about the cause of death of Bharat Bhushan.