LAWS(DLH)-2016-1-250

PRAMOD Vs. STATE

Decided On January 15, 2016
PRAMOD Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant stands convicted for the offences of abduction and murder of Anil Puri Goswami on 02.10.2008, out of vengeance for the victim had got married to Pooja who was lawfully wedded wife of the former, primarily believing the evidence about he being inexplicably in contact with the victim, and having led to the discovery of the dead body besides his own blood -stained trousers.

(2.) Anil Puri Goswami, aged 28 years, son of Goswami Krishan Puri (PW -12), resident of 65, Sawan Park Extension, Ashok Vihar, Phase -III, Delhi, a computer engineer by profession, was married to a girl named Pooja Rani daughter of Om Prakash resident of village & post office Datoli, Tehsil Gannaur, District Sonepat (Haryana) on 16.04.2008. On 2.10.2008, he left home riding his motorcycle bearing registration No. DL4SAW 8943 ("the motorcycle") at about 10. a.m. to attend some customer. He did not return home. His father (PW -12) lodged a missing report at 9.45 a.m. on 3.10.2008 in police station Ashok Vihar ("the police station") vide DD No. 37B (Ex. PW16/A). Since he could not be traced, his father (PW -12) suspected he had been abducted. He, thus, lodged FIR (Ex. PW -13/A) on the basis of his statement (Ex. PW -12/A), endorsed (vide Ex. PW -16/B) at 9.45 a.m. on 6.10.2008 by SI Sahab Singh (PW -16). During the investigation that followed, the dead body of Anil Puri Goswami (hereinafter referred to variously as "the victim" or "the deceased") was recovered, statedly at the instance of the appellant, from Ganda Nala (drain) close to Mukhmelpur Bandh area on 12.10.2008.

(3.) On the basis of report under Sec. 173 of the Code of Criminal Procedure, 1973 ("Cr.P.C") submitted on 06.01.2009, followed by two supplementary reports, three persons were brought to trial in Sessions Case No. 125/2011, they including the appellant (shown as the first accused) besides Satbir @ Satta son of Baljit Singh and Shailender @ Monu son of Krishan Singh (shown as second and third accused respectively), all residents of District Sonepat, Haryana.