RAMESH Vs. STATE OF THE NCT OF DELHI

JUDGEMENT

(1.) Ramesh (A-1) and Rukmuddin (A-2) impugn their conviction in Sessions Case No. 93/2010 by which they were convicted for committing offences punishable under Section 302/364/482/43 IPC and sentenced to undergo imprisonment for life with fine. The facts of the case as unfolded in the charge-sheet are as under:

(2.) As per the charge-sheet, Rajender Yadav (since deceased) was registered owner of Eicher Canter No. HR 55 C 1206. He had employed A-1 and A-2 as driver and cleaner, respectively on the said Canter. On the night intervening 19/20.08.2005 at around 3:00 A. M. they both went to the house of the deceased Rajender Yadav and insisted him to accompany them for having negotiations with a customer who wanted to hire the Canter for transportation of goods from Bhiwadi (Rajasthan).

(3.) Further case of the prosecution is that on 28.08.2005 at around 8:00 A. M. when complainant Raj Singh Yadav with his cousin PW-2 (Subhash Yadav) was going to the jhuggies of the accused persons, he saw a vehicle on the red light of village Rajokari and found that it was Canter bearing No. HR-55 1286. The informant saw A-I sitting on the driver's seat and A-2 accompanying him in the vehicle. When he inquired from A-1 as to where they were going with the vehicle and where his brother was, the traffic light turned green and the accused persons fled with the vehicle towards Kapashera. The complainant suspected that the accused had committed murder of his brother. He lodged First Information Report (Ex. PW-3/A) with the police. SI Jarnail Singh made endorsement over it and sent the rukka for registration of the case under Section 364/34 IPC. Vide DD No. 31A recorded at around 11:45 A. M. on 28.08.2005 the police set-out for the investigation of the case. The investigation was transferred to Inspector G. R. Solanki. At the pointing out of the secret informer and the complainant, the police arrested A-1 and A-2 at Kapashera and recorded their disclosure statements. They recovered weapon of offence (Ex. PW-3/A) used for inflicting injuries to the deceased vide seizure memo (Ex. PW-3/D). The accused persons in their disclosure statements disclosed that after committing Rahender Yadav's murder, they had thrown the body in a well near Patan, Kotputli, District Sikar. The accused led the police team to the said well and recovered the body from there. The investigating officer conducted inquest proceedings and sent the body for post-mortem examination in Delhi. Dr. Sarvesh Tandon (PW-6) conducted post-mortem examination of the body.