GULJAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since challenge made in both the aforementioned appeals is to the same judgment and order, these are being decided by this common judgment and order.

(2.) Prosecution story, in brief, is that Surendra Kumar, a resident of Delhi, owned an Ambassador Car bearing registration no. DLIY-1635. The said car was being plied as a taxi in Delhi. Subodh Sharma (deceased), a resident of Laksar, District Haridwar, was the driver of the said car. On 6.3.97, Subodh Sharma, brought a passenger from Delhi to Haridwar in the said taxi. However, he did not return thereafter. Then the owner of the said taxi searched for his driver in Delhi and, when he was not found there, he came to Haridwar in his search. When he inquired at the taxi stand in Haridwar, Gurbachan Singh and Shyam Bihari told him that on 7.3.97, at about 5 O'clock in the evening, from that taxi stand, Subodh Sharma (deceased) had taken Riyasat @ Petha and Guljar in the said taxi. Thereafter Surendra Kumar came at Jwalapur (another place in the same city Haridwar), where Subhash told him that on 7.3.97, at about 9 O'clock in the night, he had seen his taxi parked near the house of Riyasat and had also seen Subodh Sharma going inside the house of Riyasat along with Guljar and Riyasat. When Surendra Kumar failed to locate Riyasat, he lodged the first information report with these averments on 17.3.97 further stating therein as he is confident that Guljar and Riyasat have killed his driver Subodh Sharma and stolen his taxi.

(3.) Immediately after lodging the FIR, police swung into action. One of the accused Riyasat was arrested on the same day. On interrogation, he confessed his guilt by stating that he and co-accused Guljar, after abducting the deceased Subodh Sharma at 5 O'clock in the evening of 7.3.97, strangulated him in the intervening night of same day at his house and threw the dead body in Gangnahar Canal and, thereafter on the next day, he left the said taxi at the workshop of Dilshad, Painter, for changing the colour of the taxi. On the pointing out of the accused Riyasat, recovery of dead body of the deceased was made from Gangnahar Canal. Taxi was also recovered from the workshop of Dilshad on the same day on the pointing out of the accused Riyasat. On completion of the investigation, police submitted the chargesheet against both the accused Riyasat and Guljar.