SUNIL KUMAR Vs. STATE

JUDGEMENT

(1.) Vigilant onlookers Shamshad, Pradeep, Gulshan @ Gullu and Surender helped nail Sunil Kumar for the offence punishable under Sections 302/201 IPC. On April 02, 2009 at about 5.00 PM all four were coming from the side of Ram Pyari Camp towards Lal Kuan after playing cricket when they saw one auto driver removing a gunny bag filled up with something from the auto rickshaw, dragging and pushing the same into the pit. Since the face of the auto rickshaw was towards them, they saw the face of the driver after he threw the gunny bag. The driver immediately turned and drove the auto rickshaw towards Lal Kuna. On suspicion they noted the number of auto rickshaw as DL 1 RC 7864. When they reached near the pit they saw the head visible from the gunny bag and they started chasing the auto rickshaw and making noise however, the auto rickshaw got mixed with the traffic and could not be stopped. Perplexed for some time they came home, however, when they reached back they found that the police had removed the gunny bag.

(2.) The police sprung into action on receipt of DD No.11 Ex.PW-24/A received at 5.50 PM from wireless that at the Surajkund Border near Toll Tax a dead body was lying in a gunny bag and the police be send which information was given by Darshan Mandal, PW-13. The SHO along with other staff reached the spot and near the Ram Pyari Camp found a dead body of a male in a gunny bag on the side of the road which was of a boy aged around 14-15 years wearing white half sleeves shirt, blue jeans, no sleepers and red thread around the neck. There were injuries on the neck. On the basis of this information FIR No.152/2009 was registered under Section 302/201 IPC.

(3.) From the search of the clothes of the deceased one yellow coloured result card was recovered from the right pocket of the pant in the name of Sandeep Kumar s/o Dharmi, class 7th of Government Boys Senior Secondary School, Kalkaji. No one at the spot could identify the dead body. In the meantime, Shamshad, Pradeep, Gulshan @ Gullu and Surender as noted above reached back and narrated the incident and gave the auto rickshaw No.DL 1RC 7864. Their statements were recorded immediately and site plan was prepared. In the meantime, Bimla aunt of the deceased reached the police post and identified the dead body. She informed that Auto Rickshaw No.7864 belonged to Sunil, the brother of her sister-in-law (Bhabhi Virmati) who was residing with Virmati for the last 15-16 years. They went to the house of Sunil but found none. Even the auto rickshaw was not found parked. In the meantime, other relations of the deceased gathered and identified the dead body in the mortuary. Again police went to the house of Sunil Kumar however, he was not found and was absconding. They went to the shop where Sunil Kumar used to get his auto rickshaw repaired and one Surender Singh met them. Surender Singh, PW-1 stated that Sunil Kumar, who was a three wheeler driver came to his shop at 8 Balaji Estate, Kalkaji near Canara Bank at about 2.00 PM for getting the gas of his three wheeler DL 1RC 7864. On the same day at about 3.00 PM Sunil again came to his mechanic shop and left the shop at 3.15 PM. At that time he had seen one boy sitting in the said TSR on the front seat with him. At 6.00 PM Sunil Kumar again came to his shop and got the CNG of his three wheeler tuned from him. In the meantime, he received a telephonic call and thereafter he left the shop. On seeking the photographs of the dead body Surender Singh identified that to be of the boy sitting with Sunil in his TSR.