PHOOL SINGH Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 2. 11. 2000, the appellant has been convicted for having abducted deceased Ram Kumar as also having murdered him.

(2.) ON 9. 10. 1995, information was received at PS Najafgarh that a dead body was lying at the cremation ground New Roshanpura, which information was recorded in the daily diary register vide DD No. 3a. SI Ram Prakash accompanied by const. Satpal left for the cremation ground. Inspector Randhir Singh also reached there and took into possession the dead body of a young male person aged about 25 26 years. A photographer was summoned. The photographs of the deceased were taken. A shoe at a distance of about 7 steps from the dead body as also the pant having a label Unique tailors, Hardah, Midnapur of the deceased were taken into possession as recorded in the memos Ex. PW-11/a and Ex. PW- 11/b respectively. Noticing strangulation marks on the neck and bruise marks on the body an opinion was formed that it appears to be a case of murder and hence FIR Ex. PW-5/a was got registered for the offence of murder. Inspector Randhir Singh PW-19 got prepared the site plan Ex. PW-19/b pertaining to the place where the dead body was recovered. Dog squad and crime team were summoned but no clues or leads surfaced through their intervention. The dead body was sent for post-mortem vide inquest papers Ex. PW-19/d. Request Ex. PW-8/b for post-mortem stated that the body should be preserved for 72 hours. The post-mortem was conducted on 16. 10. 1995, and as per post-mortem report Ex. PW-8/a, Dr. L. T. Ramani PW-8, opined that death was due to asphyxia resulting from strangulation.

(3.) THE only clue which the police had was the label of Unique Tailors, Hardah, midnapur. The place happened to be in West Bengal. On 27. 10. 1995, SI Ram prakash and HC Lakhsman PW-13 along with const. Rajesh left for West Bengal and took along with them the pant Ex. P-5 of the deceased as also the photograph of the deceased. They could get no clues and hence returned. Under circumstances, not very clear, but apparently in furtherance of the search to fix the identity of the dead body, on 11. 10. 1995 the police came into contact with Sita Ram PW-4 who, on seeing the photograph of the dead body and the pant of the deceased, immediately recognized the same to be that of the deceased Ram Kumar. He informed the investigating officer that on 8. 10. 1995, four persons; namely, appellant Phool Singh along with narpat, Jabbar Singh and Bhagwandas had come to Teliwara, the place where he i. e. Sita Ram was staying along with the deceased Ram Kumar, and that all the four gave beating to Ram Kumar and forcibly took him away in a TSR saying that they were taking Ram Kumar to the police station. Since Ram Kumar did not came back, he i. e. Sita Ram went to PS Bara Hindu Rao to lodge a report but the police officials refused to note any report lodged by him. He came back and went to his village Budayun the next day and sent complaints to senior police officers under registered post.