KUSH KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is a criminal appeal under Section 374 of the Code of Criminal Procedure (for short 'Code') against the judgment and order dated 8-9-1995 passed by the 1st Additional Sessions Judge, Haridwar convicting under Section 364/394/302, IPC and sentencing the appellant Kush Kumar to undergo R.I. for life imprisonment in each count. However, by the said judgment and order the other accused Sunil Kumar alias Bhura was not found guilty under Section 364/394/302, IPC and he was acquitted.

(2.) The brief facts giving rise to the present appeal are that on 30-1 -1992 when Sandeep Sharma (P.W. 10) the agent of Sachin Travels' was sitting in the office of the 'Sachin Travels' Haridwar two persons one Rakesh Kumar and other who did not disclose his name came to 'Sachin Travels to book the taxi from Haridwar to Meerut for two days from 30-1 -1992. Sandeep Sharma, the agent of 'Sachin Travels' Haridwar, booked the taxi @ Rs. 1000/- and they gave Rs. 500/- as advance to him. They further told him that they are known to the residents of the Rishikul University. However, they were not known to Sandeep Sharma (P.W. 10) - the agent of the 'Sachin Travels'. Sandeep Vikram Singh - driver. Sandeep Sharma (P.W. 10) and the deceased Vikram Singh (taxi driver) along with taxi reached at Rishikul gate as instructed by them and they inquired about so-called Rakesh Kumar from the students of Rishikul University. They informed them that they are known to them. Whereupon they took the taxi and went to Meerut. When the taxi did not return by 31 -1 -1992 as per booking. Sandeep Sharma (P.W. 10) lodged a gumshugi report (Ex. Ka. 19) on 5-2-1992 at police Station Kotwali, Haridwar and entry to that effect was made in the G.D. No. 45. Ultimately, on 5-2-1992 Deepak Kumar Gupta - owner of the taxi lodged a check report (Ex. Ka 8) and the case crime No. 54/1992 was registered under Section 364/406. The investigation was entrusted to D.N. Shukla (P.W . 7) who started the Investigation and prepared the site statement of the witnesses.

(3.) Meanwhile, on 1-2-1992 S.I. Makhan Singh, P. S. Babri, District Muzaffarnagar received the information about the unknown dead body lying in the forest of Roni village, Harjitpur and the entry to that effect was made in the G. D. No. 12 on 1-2-1992. The police party of police station, Babri reached at the spot and prepared the panchayatnama of the deceased (Ex. Ka 12) and took the photograph of the dead body (material Ex. 7) the police also prepared the challan lash khaka lash and finger print report which are Exs. Ka 13 to Ka. 17. One 'Jarkin' along with sweater and a pair of shoes (Lakhani brand) were taken into possession by the police under the recovery memo Ex. Ka.4. The clothes and shoes were collected from the dead body (material Exs. 1 to 6) out of which material Exs. 1 to 4 were not sealed so that it may be used to identify the dead body. Thereafter, the police party returned to P.S. Babri and registered a case under Section 302, IPC and the investigation was taken by S.H.O. Jitendra Giri.