VINOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Briefly stated, the facts of the case as per the prosecution story are that on 22/12/2000 at about 8:00 a.m., complainant Smt.Laxmi wife of Surender was cooking meals in her house at village Behbalpur; accused Megh Singh, Vinod and Bhupender came there; accused Megh Singh asked Surender, husband of the complainant to accompany them so that they could pay money at Ballabgarh; as a matter of fact Megh Singh owed a sum of Rs.5,000.00 to Surender; Surender accordingly accompanied the three visitors, however, he did not return home; the complainant reported the matter to the police and formal FIR No.42 of 17/1/2001 was initially registered for the offence under Sec. 364 IPC \with Police Station Sadar, Ballabgarh.

(2.) On 23/12/2002, SI Arun Kumar Singh from Police Station Samsabad, District Agra (U.P.) heading a police party went to Nawada on getting information that a dead body was lying there. The police party came across dead body lying in the area of village Nawada near Samsabad, Agra Road. SI Shiv Singh carried out inquest proceedings with regard to the said dead body and postmortem examination was got performed thereon at District Hospital, Agra. FIR no.291 of 2002 was recorded at Police Station Samsabad. Since the identity of the dead body could not be established, it was cremated as unidentified, however before doing that photographs of the dead body had been taken, which were got published in the newspaper.

(3.) On 8/1/2001 photograph of the dead body was published in Daily Amar Ujala. On 30/1/2001, Nathu Ram, SHO of Police Station Sadar, Ballabgarh reached Police Station Samsabad accompanied by some other officials and Satpal PW; clothes of deceased, which had been removed by the doctor at the time of postmortem and which had been converted into a sealed parcel, thereafter being handed over to the police were identified by Satpal to be clothes of his brother Surender. Therefore, identity of the deceased was established to be that of Surender. Documents with regard to case registered at Samsabad were handed over to Nathu Ram SHO along with the case property.