SANJIV KUMAR Vs. STATE

JUDGEMENT

(1.) A complaint was lodged by Manjeet Singh, s/o Shri Nihal Singh with the Police station Mansarovar Park, Shahdara on 13. 3. 2006 about non-return of his brother paramjeet Singh, who was stated to be carrying about Rs. 2. 00 lacs. Paramjeet singh was stated to be going to Haridwar and informed that he would be back at night. At the earlier stage of time, even mobile contact had been made with him where he had informed that if he did not reach in time, he would come the next morning, but even that had not happened. The complaint also stated that the endeavour to talk with Paramjeet Singh was not successful though his phone was open and voices could be heard, including of one lady. Since there was a voice heard on telephone that Muzaffar Nagar from this petrol pump is about 30 K. M. , the complainant along with his Bhabhi drove towards the said destination. It was found that there were conversations between one Kartar Singh, Paramjeet singh and one Ms. Anjana.

(2.) AN FIR 167/2006 dated 14. 3. 2006 was registered at P. S. Seema Puri and in pursuance to the investigation carried out by the police, a charge-sheet was filed on 7. 8. 2006. The body of Paramjeet Singh was recovered under Police station Mansoorpur. In the charge-sheet it was recorded that Manjeet Singh had given a statement that his brother Paramjeet Singh used to carry on business of kabadi/scraps and there were certain other persons also carrying on business from the same address. Paramjeet Singh had left the godown with Saleem @ Sabbu who carried out business from the said address stating that he was going to agra, U. P. The programme for going to Agra was cancelled and after that Saleem @ Sabbu and Paramjeet Singh left for Ghaziabad regarding some business. Due to traffic jam, Paramjeet Singh turned around and talked to his wife when it was informed that he was having Rs. 2. 00 lacs in his possession. The voice of Anjana was heard when the phone was again dialled. Subsequently the telephone was switched off. The Black Santro car, being driven by Paramjeet Singh, was found inside the Roadways Bus Stand at Roorkie, which was admitted to belong to paramjeet Singh. The dead body was subsequently recovered. There were three suspects who were stated to have all talked to each other, including the petitioner herein. The trail led to a rented house in Khatauli. Three accused were ultimately arrested when they disclosed the name of their associate Sanjiv kumar and the factum of their having murdered Paramjeet singh by cutting his throat by Ustara on the fateful night at the said house at Khatauli. The dead body was rolled in clothes and taken in the car of the deceased and thrown at the site where it was found. The investigation u/s 365/302/201/34 IPC was, thus, completed and placed before the court.

(3.) THE learned trial court in terms of the order dated 6. 3. 2007 framed charges against all the three accused persons, being the petitioner, Ravinder Singh @ kundu and Anjana. The trial court found that the intimacy of Paramjeet Singh led to the accused persons to hatch a conspiracy and abducted him for committing his murder. Paramjeet Singh dropped his programme of going to Agra on the telephonic calls of Anjana and accompanied Anjana, with whom he was having illicit relationship. On the inducement, the deceased accompanied Anjana to muzaffar Nagar where they were seen in the car. It was, thus, found that paramjeet Singh was abducted with the intent to eliminate him, which object was achieved.