AAS MOHD Vs. STATE

JUDGEMENT

(1.) On 15.11.2004 Ashok Kumar PW-2 went to PS Sangam Vihar and met Const.Suresh Chand PW-1 posted as a DD Writer and at around 9:10 PM got recorded DD No.37-B, Ex.PW-1/A, that his son Anurag aged about 22 years wearing a red coloured T-shirt and blue coloured jeans had left the house at 7:30 PM on 13.11.2004 on his motorcycle bearing registration No.DL3SAA 2790 (Hero Honda Passion) and had not returned home since then.

(2.) The investigation was entrusted to SI Manoj Kumar PW-7 who could not achieve any breakthrough till on 22.11.2004 Neeraj Kumar PW-3, the brother of Anurag met him at around 10:00 AM and informed him that as per his information people had seen his brother in the company of the appellants and one Manoj Kumar in the evening of 13.11.2004. SI Manoj Kumar recorded the statement Ex.PW-3/A of Neeraj Kumar noting aforesaid fact as also that when Neeraj Kumar went to the house of the appellants and Manoj Kumar, their family members gave evasive answers. Making an endorsement Ex.PW-7/A beneath the statement Ex.PW-3/A, SI Manoj Kumar got recorded FIR Ex.PW-4/A for the offence of kidnapping.

(3.) As claimed by SI Manoj Kumar PW-7, on 23.11.2004 he received secret information that appellant Aas Mohd. would be visiting his house at Devli Extension, New Delhi. Therefore, accompanied by HC Omkar, Const.Ishwar and Const.Sanjeev he went to the house of Aas Mohd. in Devli Extension where he found Chander Prakash in the company of Aas Mohd. He arrested them as recorded in the arrest memos Ex.PW-5/D and Ex.PW-5/E and interrogated them. He recorded statement Ex.PW-5/B of Aas Mohd. and Ex.PW-5/A of Chander Prakash as per which both told him that along with Manoj they had got Anurag intoxicated and thereafter they took him to a dilapidated house where Aas Mohd. and Manoj assaulted Anurag with a brick and Chander Prakash with a knife. As Anurag fell, Aas Mohd. took the knife from Chander Prakash and further stabbed Anurag to make sure that Anurag was dead. After wrapping the dead body of Anurag in a plastic cover they put it inside a gunny bag and carted the body on the National Highway in Haryana towards Hodal, using the motorcycle of Anurag and dumped the body in the bushes near Hodal abutting the Highway. Chander Prakash disclosed that he could get recovered the knife used in commission of the offence and could point out the place where Anurag was killed as also the place where his body was thrown. Aas Mohd. informed that even he could take the police to the place where the crime was committed and body of Anurag was thrown. He additionally informed that to scare people he had procured a country made firearm which he could get recovered.