RAJENDER @ RAJESH @ RAJU Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The judgment dated 27.08.2009 passed by the High Court of Delhi in Criminal Appeal Nos. 144 of 2007 and 51 of 2007 has been called in question in the instant appeals. By the impugned judgment, the High Court affirmed the order of conviction passed by the Trial Court against Sharda Jain (A-1), Raj Kumar (A-2), Pushpender (A-3), Nirvikar (A-4), Rajender (A- 5) and Roshan Singh (A-6) for offences under Section 302 r/w 120-B and Section 364 r/w 120-B of the Indian Penal Code (hereinafter 'IPC'). Sharda Jain, Raj Kumar, and Roshan Singh were also convicted under Section 201 r/w 120-B of the IPC.

(2.) The case of the prosecution in brief is that Atma Ram Gupta (hereinafter 'deceased') who was a Councillor of the Municipal Corporation of Delhi (hereinafter "MCD') went missing on 24.08.2002. On that day, he left his residence around 10.30 a.m. informing his wife Sumitra Gupta (PW-18) that he would first be going to the house of another Councillor of the MCD, Sharda Jain (A-1) and then be proceeding to attend a Congress Party rally at the Ferozshah Kotla Grounds along with her. His driver, Prabhu Yadav (PW-17) drove him to the residence of Sharda Jain and upon reaching there, the deceased instructed the driver to take the car back to their residence. When the deceased did not return home until evening, enquiries were made by his wife and family members. A missing report was consequently lodged at 1 a.m. on 25.08.2002. Ultimately, the body of the deceased was found on 31.08.2002 in a sub-canal of the Bulandshar Rajwaha/Sanota Canal. A charge sheet came to be filed against nine accused, namely, Sharda Jain (A-1), Raj Kumar (A-2), Pushpender (A-3), Nirvikar (A-4), Rajender (A-5), Roshan Singh (A-6), Shri Pal Singh Raghav (A-7), Satender Kumar (A-8) and Rakesh Kumar (A-9). All the accused were tried before the Fast Track Court, Rohini in S.C. No. 139 of 2006.

(3.) The Trial Court convicted Sharda Jain (A-1), Raj Kumar (A-2), Pushpender (A-3), Nirvikar (A-4), Rajender (A-5) and Roshan Singh (A-6) for the charges framed against them. As regards the other three accused Shri Pal Singh Raghav (A-7), Satender Kumar (A-8) and Rakesh Kumar (A-9), the Trial Court found that they were not party to the conspiracy hatched by the other convicted persons. However, they were convicted under Section 201 IPC for causing disappearance of evidence.