SUBHASH CHAND Vs. STATE

JUDGEMENT

(1.) THE deceased Krishan Kumar @ Kukku, resident of Municipal Number 653 Sector -37 Faridabad, Haryana, along with his father Shri Ram Lal PW -16 used to run a tyre shop under the name and style of M/s Ram Lal & Sons, at Shop No. 56 -A Bankey Lal Market, Badarpur. At around 11.30 AM on 17.9.1990, Krishan Kumar went to deposit Rs. 20,000/ - in cash at the Badarpur branch of Central Bank. When he did not return till late evening, Ram Lal PW -16, father of Krishan Kumar went to PS Badarpur, and at about 10.50 PM got recorded DD No. 16A Ex.PW -16/1, that Krishan Kumar aged 30 years, height 5.4, of whitish complexion wearing a sky blue coloured shirt, a dark blue coloured pant and a pair of hawai slippers had not returned ever since he went to Central Bank at 11.30 AM to deposit cash.

(2.) SINCE Krishan Kumar could not be traced till the next few days, at about 10.40 AM on 20.9.1990, Smt. Shobha PW -22, wife of Krishan Kumar visited PS Badarpur, where, at her instance, HC Naresh Kumar PW -1 registered FIR No. 274/1990 Ex.PW -1/A for an offence punishable under Section 364 IPC, noting therein, that Krishan Kumar was seen on the day he went missing in the company of appellant Subhash Chand and another person on a scooter which was being driven by Subhash Chand towards Delhi; and that Subhash Chand owed some money to Krishan Kumar. Copy of the FIR was handed over to SI Shanker Singh PW -25 who was entrusted with the investigation.

(3.) UNFORTUNATELY , the arrest memos of the appellant as also the co -accused have not been filed along with the charge sheet and hence have not been proved. Had this been done, an important evidence pertaining to the time the appellant and the co -accused were arrested would have come on the judicial record and as would be evident from further facts noted by us, the same would have resolved a controversy as to whether the dead body of the deceased was recovered by the police from Flat No. 339A, Janta Flats, Sarita Vihar, New Delhi at the instance of the appellant and his co -accused or whether the police recovered the same on independent information available.