HARVINDER SINGH Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 27 th July, 2010 passed in Sessions Case No. 37/2009, by the learned Additional Sessions Judge, Delhi, arising out of FIR No.426/2003, registered at Police Station I.P. Estate, under Sections 363/302/201/34 IPC wherein the appellant, namely, Harvinder Singh has been convicted under Section 302/201 IPC. The appeal is also directed against the order of sentence dated 30.07.2010 whereby the appellant was sentenced for the offence punishable under Section 302 IPC to undergo imprisonment for life and to pay a fine of Rs. 3000/- and in default to undergo S.I. for three months and under Section 201 IPC to undergo R.I. for five years and to pay a fine of Rs. 2,000/- in default to undergo S.I. for two months. It is further ordered that both the sentences shall run concurrently.

(2.) On 30 th November, 2003 at about 11.40 pm, complainant Avtarjeet Singh (PW2) went to Police Post J.P.N. Hospital, P.S. I.P. Estate, and informed that his daughter Manpreet Kaur aged seventeen & half years, a student of B.A (Pass) 1 st Year had gone to Mata Sundari College on the aforesaid date at 9 am. Her friend, namely, Sarabjeet Kaur had seen her last at 12 noon and thereafter she was not seen by anyone and found missing from her college. On the basis of his information, DD No.38 (Ex.PX-1) got recorded. The same was assigned to SI Rajesh Shukla PW-13 for enquiry. During enquiry, he conveyed the message through wireless net and missing persons squad and also made efforts to trace Manpreet Kaur from relatives but could not succeed.Crl.A. On 17 th December, 2003, the complainant Avtarjeet Singh (PW-2) again went to Police Post JPN Hospital, Police Station I.P Estate and gave statement (Ex.PW2/A) to SI Aftar Ali (PW-12) about the fact that his daughter was missing since 30 th November, 2003 and also informed about recording of DD No.38 Ex PX-1 in this regard. SI Aftar Ali (PW12) made endorsement Ex.PW12/A on it and prepared ruqqa and got the case registered vide FIR Ex.PW1/A through Constable Dhani Ram (PW-7). The investigation was assigned to SI Rajesh Shukla (PW-13) who made efforts to trace Manpreet Kaur but no clue could be found. During investigation, complainant Avtarjeet Singh (PW-2), disclosed that accused Harvinder Singh was the brother-in-law of the deceased. He also gave his mobile no. as 9811656501 and also informed that he used to talk to Manpreet Kaur frequently. SI Rajesh Shukla PW 13 collected mobile phone details of the said phone from Hutch Essar Company vide mark A and noticed frequent calls from the said mobile phone to the land line number i.e. 2519918 installed at the house of the deceased. On 3 rd February, 2004, he called appellant Harvinder Singh in police post and after some interrogation, appellant was discharged by him. On the same day, investigation was transferred to Anti Homicidal Cell, Crime Branch and was assigned to Inspector H.S.P.Singh (PW-24).

(3.) On 4 th February, 2004, the Investigating Officer, Inspector H.S.P.Singh (PW-24) along with ASI Gopi Ram PW-8 and SI Ravinder Singh PW-6 went to the house of complainant Avtarjeet Singh (PW2) and apprised him about the transfer of the case to the Crime Branch. The complainant Avtarjeet Singh had told them about his suspicion upon his relative Harvinder Singh. Inspector H.S.P. Singh (PW-24) studied call details (Ex. PW-20/B) of mobile phone of appellant Harvinder Singh and it was revealed that he was regularly in touch with the land line phone at the residence of the deceased. Even on 29.11.2003, three calls were made from the mobile of appellant to the land line phone of deceased. Thereafter, police team went to the house of appellant and brought him to the office of Anti Homicidal Cell for interrogation. During interrogation, the appellant made a disclosure statement Ex.PW-6/C disclosing therein that he could get the dead body of Manpreet Kaur recovered from a "ganda nala" at Chander Vihar. He further disclosed that he could also get recovered sulphas tablets from his house and could also get the wrist watch of deceased recovered from a park at Jwala Heri. On the basis of his disclosure statement Ex.PW-6/C, co-accused Palvinder was also arrested after completing necessary formalities. On interrogation, he had also made a disclosure statement Ex.PW-6/D. Pursuant to aforesaid disclosure statements, the appellant and the co-accused on 04.02.2004 had got recovered the dead body of Manpreet Kaur from pakka ganda nala near Nilothi village, P.S. Nangloi, Delhi which was found in a gunny bag and was in a decomposed state. Immediately, complainant Avtarjeet Singh (PW-2) was called at the spot who came along with his brother Narender Jeet Singh (PW-3). Both of them had identified the dead body as that of Manpreet Kaur vide memo Ex.PW2/B and 3/A respectively. Photographs of the spot as well as dead body were taken. Inquest proceedings were conducted and the body was shifted to mortuary. On the next day, both the appellant as well as co-accused were produced in the court of ACMM and two days police remand was taken. On the said date, both the accused persons led the police party to the house of appellant and got recovered a Maruti car which was parked outside his house which is alleged to have been used in the commission of crime. From the dash board of the car, appellant had taken out one sim card. From the small room of the appellant in his house on the ground floor, he produced one dibbi on which Aluminum Phosphate was written, after taking it out from the waste material. The same were seized vide memo Ex.PW-6/I. After completing the necessary formalities, the postmortem of the deceased was got done. On 6 th February, 2004, appellant and co-accused also led the police party to the District Park, Jawala Heri Road. Inside the park, appellant took out one ladies wrist watch make Time Star from the bushes. The same was seized by the IO vide Ex.PW 6/J after completing necessary formalities. During the course of investigation, statements of witnesses were recorded and the documents pertaining to mobile phone no. 9811656501 were also obtained. The TIP of the wrist watch was got done from complainant Avtarjeet Singh (PW-2). During the course of investigation, the seized exhibits were sent to CFSL, site plan was got prepared and statement of PWs were recorded. After completion of investigation a report under section 173 Cr.P.C was filed. On completion of investigation, charge sheet was filed against the appellant and the coaccused before the Metropolitan Magistrate, Delhi. Thereafter, the learned M.M. committed the case to Sessions Court for trial. The charges were framed against both the accused persons for having committed offences punishable under section 363/302/201/34 IPC. Accused pleaded not guilty to the same and thus had been tried by the learned Addl. Sessions Judge, Delhi.