ANIL @ RAJESH Vs. STATE

JUDGEMENT

(1.) FIR No. 262/2010 was registered at PS Kalyan Puri vide Ex.PW-1/A on 30th July, 2010 at 4:30 AM on the statement of one Ravi Bhushan Mishra (PW-2) who stated that he was driving Tata Sumo UP17-T-0356 of Ganga Tourism and used to pick and drop passengers from call centres. On the night of 29-30th July, 2010 at around 11:40 PM while he was going to Sector-58, Noida from Kondli, he saw one person at Kondli Pul whose clothes were blood-stained and was asking for help. He had an injury on his chest and requested that he be taken to the hospital or else he would die.

(2.) Searching the whereabouts of the deceased, his family members reached the Police Station and from there to mortuary where they identified the body of the deceased. Statement of Kishan (PW-9), brother-in-law of the deceased Sompal Singh, was recorded who stated that Sompal Singh used to do the work of money lending and in connection of this work, the deceased used to visit Kalyan Puri and Trilok Puri. On 29th July, 2010, the deceased had come to his house and had left at about 11:20 PM. The deceased did not take dinner at his house and left stating that his family members were waiting. He noticed that the accused persons (Anil, Gareeba and Birju) followed the deceased but thought that they will do no harm to the deceased as they knew that the deceased was his brother-in-law. On 30th July, 2010, he was informed by his nephews Sanjay Kumar (PW-6) and Vikas (PW-3) that the deceased had not reached his house and they enquired about the deceased from him. Thereafter, three of them made the search for the deceased. They informed the police that his brother-in-law was missing, who gave description of a dead body that was found and the description matched with his brother-in-law. He along with his nephews went to the mortuary at LBS Hospital and identified the dead body. He also stated that the deceased was wearing a wrist watch of RICOH company gifted by him and two rings when the deceased had visited his house. He also stated that both the articles were not present on the dead body of the deceased. He stated to Police that he doubted the neighbour and his associates (accused persons) to have committed the offence as they followed the deceased when the deceased had left his house.

(3.) On the statement of Kishan recorded on 30th July, 2010 itself Anil @ Rajesh, Gareeba and Birju S/o Attar Singh were arrested. During investigation, investigating officer claimed to recover wrist watch of the deceased at the instance of Gareeba and a knife and his blood stained T-shirt at the instance of Anil. Kishan identified the wrist watch recovered to be that of the deceased. After completion of investigation, charge-sheet was filed and the prosecution examined 23 witnesses. Statements of three accused were recorded under Section 313 Cr.P.C., 1973 however they rendered no explanation and stated that they were falsely implicated. The three accused did lead any evidence.