HAR PRASAD ALIAS LALA Vs. STATE

JUDGEMENT

(1.) Criminal Appeal Nos. 920 of 2002, 933/2002, 497/2002, 743/2002, 771/2002 and 394/2003 are directed against the judgment and order dated 13.5.2002 of the Additional Sessions Judge in Sessions Case No. 90/2000 in FIR No. 147/99, Police Station Mansarovar Park, whereby the learned Judge has held the appellants guilty of the offence punishable under Sections 120-B, 302/120-B and 201/120-B IPC. The learned Judge vide separate order of the same date sentenced the accused persons to suffer rigorous imprisonment for three years under Section 120-B IPC, for life under Section 302/120-B IPC together with a fine of Rs.2,000/-, in default thereof further rigorous imprisonment of two months. The learned Judge has also sentenced the accused persons under Section 201/120-B IPC for a period of three years and a fine of Rs.1,000/- each and in default further rigorous imprisonment for one year.

(2.) The facts of the case, as noted by the Additional Sessions Judge in his judgment under challenge, are that : accused Sunita was having illicit relation with accused Raj Kishan. In order to materialise the same, she wanted to get rid of the victim. So she got her husband murdered. The case was registered on rukka sent by Insp.Suresh Kaushik of anti robbery Cell, Crime Branch. The rukka recites that the Insp.received information that some boys involved several incidents of murder and had killed one person in Gali No.13, Ashok Nagar, in association with the wife of the victim, would be assembling in front of Gagan Cinema. Insp.formed a raiding party and at the instance of the secret informer apprehended Har Parshad @ Lala, Raj Kishan @ Babli, Vijay Kumar and Prehlad. Initially the said accused persons tried to tell their wrong names and address but ultimately they disclosed that they alongwith accused Sunita murdered Vinod and threw the dead body in a septic tank in the house of victim. Accused Sunita reached to meet said accused persons at 7.00 P.M. She was apprehended. She also made disclosure implicating herself, aforesaid four persons and one more person namely Rakesh. Accused Rakesh was arrested at the instance of accused Vijay and Prehlad from Tyagi Public School, Sangam Vihar. He made disclosure and pointed out the place of occurrence. Next day accused Har Parshad, Raj Kishan, Sunita and Vijay pointed out the place of occurrence and got a dead body recovered from septic tank in H.No.D-1/405, Gali No.13, Ashok Nagar which was at a height of 5' from the street level. Information was given to the SHO of the area. During investigation the dead body was got post mortemed. The Doctor did not give any opinion about the cause of death as the body was almost decomposed. Scene was got photographed. Parents and brother of the deceased were called. Their blood sample was taken and sent for DNA test. The DNA test could not give any opinion as DNA obtained from tissues of deceased was highly degraded and contained inhibitors and was not amenable for analysis. Sunita got a muffler of deceased recovered. Raj Kishan got a wrist watch of deceased recovered. Remaining four accused got various ornaments of deceased and his wife recovered. Property was got identified in TIP from Ram Naresh, brrother of the deceased and Mala Misra neighbours of the deceased. Statements of the witnesses were recorded. After completing the investigation challan was filed. Copies were supplied. Case was committed to the court of session. The learned predecessor of this court found a prima-facie case for offence u/s 120-B, 302/120-B and 201/120-B IPC. Accordingly a charge was framed to which all the accused pleaded not guilty.

(3.) The prosecution in order to prove its case examined 26 witnesses. Of these, PW-1, Ram Naresh Sharma, the elder brother of the deceased, deposes that he last met his brother on 7.3.1999 at which time the accused, Raj Kishan, who was a tenant of his deceased-brother, had come to the house of the deceased alongwith four other persons. All of them were entertained by his brother as also his wife, Sunita, who would not allow any one of them to leave without taking food. In the evening after having dined at 8.30 p.m., this witness went to the house of his cousin at Shanti Nagar, Loni, U.P. leaving all the accused persons in the house of the deceased. This witness returned after 7-8 days and found that his brother was not present at his house. On inquiry, he was told by Sunita that her husband after quarreling with her had gone somewhere. Yet after a gap of another 7-8 days he again visited the house of his brother but could not meet him as he was not available. On inquiry, Sunita gave an evasive reply. This witness then went back to his village and began searching for his brother. On 11.6.1999, neighbour, Sunder Singh, informed PW-1 that the body of his brother had been recovered from a septic tank of the house of Sunita. This witness then went to the spot and identified the body vide Ex.PW-1/B. He informed the police that his brother had told him that his wife, Sunita, was having illicit relations with his tenant, Raj Kishan, and on his advice Raj Kishan was evicted. This witness also identified the ring, muffler and wrist watch of the deceased.