PYARE LAL Vs. STATE(GOVT. OF NCT) DELHI

JUDGEMENT

(1.) PYARE Lal, Mahesh and Ajay challenge the impugned judgment dated February 21, 2013 convicting them for the kidnapping and murder of Akil, destruction of evidence and robbery in furtherance of common intention; and the order dated February 23, 2013 directing them to undergo rigorous imprisonment for life and a fine of Rs. 2000/ - each and in default of payment of fine to undergo simple imprisonment for 15 days under Section 302/34 IPC; rigorous imprisonment for 10 years and a fine of Rs. 2000/ - each and in default of payment of fine to undergo simple imprisonment for 15 days under Section 394/34 IPC and also Section 364/34 IPC; rigorous imprisonment for 3 years and a fine of Rs. 1000/ - each and in default of payment of fine to undergo simple imprisonment for 7 days for offence under Section 201/34 IPC.

(2.) APPELLANTS assail the conviction and consequent sentence primarily on the ground that from the documents and the statements of the witnesses the time when secret information was received, the raid was conducted, crime team was called, is not reconcilable. The witnesses being thus not truthful witnesses, no reliance can be placed on them. The appellants were not last seen with the deceased by anyone. The confessional statement of Ajay Yadav recorded before the learned Metropolitan Magistrate cannot be relied upon as thereafter he was sent to Police custody. The alleged recoveries at the instance of the appellants do not inspire confidence in view of the material contradictions and improvements in the testimony of witnesses. Hence, it is prayed that the appellants be acquitted.

(3.) THE investigation was set into motion on receipt of an information recorded vide DD No.11A on February 27, 2006 at 11.15 AM at PS Saraswati Vihar exhibited vide Ex.PW -18/D that truck No. HR -38 -F -9097 loaded with stolen property is stationed at Beriwala Bagh, three boys are sitting in the truck who are making plans to dispose of the stolen property and in case raid is conducted immediately, they can be caught. Thus a raiding team was constituted by the SHO Insp. Roop Lal PW -20 along with SI Ram Kanwar Dahiya PW -18, HC Ashok, Ct. Rajender, Ct. Satinder, Ct. Satish and Ct. Harish. When they reached near the truck they found Mahesh occupying the seat of the driver, Pyare Lal sitting adjacent to him and Ajay sitting at the conductor seat. They all were brought down from the truck and asked to show the documents of the vehicle. They showed the (bilty) goods receipt as per which 407 cartoon of tea were loaded from Eastern Roadways at Apsara Boarder. As per the goods receipt the destination was Kalan Khera, Delhi and the name of the truck owner was revealed as Jeet Singh. On the rear portion of the truck, phone No. 9811638897 of Jeet Singh was written, who was contacted. Jeet Singh informed that his truck was missing from Apsara since morning. He had gone to register the FIR but the same was not registered and thus on the basis of this information FIR No.210/2006 was registered under Section 411/34 IPC at PS Saraswati Vihar vide Ex.PW -18/A.