RAJENDER SINGH Vs. STATE

JUDGEMENT

(1.) THE appellants were, by a judgment dated 24th March, 2004, passed by learned addl. Sessions Judge, Delhi, in sessions case no. 233/1999, convicted on the charges under Sections 302/34, 307/34 and 392/ 34 IPC and sentenced by an order dated 27th March, 2004 thus :

(2.) THE facts as unfolded in the FIR, registered on a statement made by one pawan Kumar, are that on the intervening night of 10/11th of February, 1999 at about 12 midnight Pawan Kumar complainant, as driver of truck No. HR 38 A-5535, which was loaded with 300 rice bags, started from R. T. Agro Mills, Narela Road, piao Maniari, Haryana for Thana Mandir, mumbai and while the truck was taking a turn from a cut at GT Road, opposite Atlas factory, Piao Maniari towards Delhi, a two wheeler scooter of green colour, Bajaj make, bearing a Haryana registration number, with three persons seated thereon stopped along the left side front wheel of the truck whereupon Pawan Kumar stopped the truck. Out of three persons on the scooter, one of them was wearing police uniform and had a danda in his hand. The scooter was being driven by appellant Rajinder Singh. Appellant Sarvan and the third person identified as Ved Pal, a proclaimed offender, were pillion riders. The appellants and their accomplice Ved Pal made Pawan Kumar to get down from the truck. One Hans Raj (deceased), working as a cleaner, was accompanying Pawan Kumar in the truck at the relevant time. The appellants and their third accomplice asked Pawan Kumar to pay Rs. 5,000/- for causing damage to their scooter. Instead of acceding to such demand Pawan Kumar offered to get their scooter repaired. Pawan Kumar as also the appellants and their third accomplice went to a nearby mechanic shop They came across with one Imtiaz Ahmed there at the shop, who told that an amount of Rs. 1000-1500/- would have to be incurred as cost of repair. Pawan Kumar however, informed that he had Rs. 200-300/- only. Upon this ved Pal asked Pawan Kumar to accompany them to the police station. The appellants and Ved Pal left the scooter at the mechanic shop and got into the truck. The truck thereafter started proceeding towards Delhi. After covering a distance of about half a kilometer on crossing Singhu Border, the appellants and their accomplice Ved Pal asked Pawan Kumar to stop the truck, which he did.

(3.) IT was a foggy and chilly winter night. The appellants and Ved Pal took Pawan kumar to the other side of the road while hans Raj (deceased) remained seated in the truck only. On Pawan Kumar inquiring as to where the police station is, appellant rajender Singh put a strip of cloth (patti)around his neck and Ved Pal caught hold of his legs. Both the appellants pulled the strip of cloth piece from opposite ends as a result Pawan Kumar turned unconscious. Thinking him dead, the appellants threw pawan Kumar into a road side pit along the ganda nala. Pawan Kumar regained consciousness around 4. 00 am. On opening his eyes he saw appellant Rajender Singh standing there looking towards him. Out of fear, he shut his eyes and stayed motionless. After staying there for about two minutes, appellant Rajender Singh, thinking Pawan Kumar to be dead, left. Pawan Kumar a shortwhile thereafter crossed the ganda nala and reached a nearby village where he met a watchman. He told him the entire happening. After having tea offered by the watchman, pawan Kumar took a lift in a Canter and reached Haider Pur, the residence of sukhdev Singh, who happened to be the other driver on the same very truck. Pawan kumar narrated the whole incident to sukhdev Singh. Sukhdev Singh and Pawan kumar hired an auto rickshaw and headed to Kundli Border from where a telephone call was made to Sukhvinder Singh, owner of the truck to apprise him of the incident. A call to PCR was also made by them. Pawan Kumar, Sukhdev Singh and sukhvinder Singh later reached the spot where the dead body of Hans Raj was lying. The police had already reached the spot before arrival of Pawan Kumar, sukhdev Singh and Sukhvinder Singh. Pawan Kumar and Sukhvinder Singh identified the dead body of Hans Raj. A statement of Pawan Kumar was recorded on the basis of which a FIR No. 39/1999 under Sections 392/307/302/34 IPC was registered at PS Narela Industrial Area, Delhi.