SANJAY MITTAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Sanjay Mittal assails in this appeal the judgment of his conviction and sentence dated 30.10.2000 and 31.10.2000 respectively passed by Additional Sessions Judge, Ambala holding him guilty of murder of Devinder Pal Singh and sentencing him to imprisonment for life and to pay a fine of Rs. 5000/-. In default of payment of fine, the appellant further to undergo rigorous imprisonment for one year.

(2.) THE appellant was prosecuted on the allegation that on 12.7.1994, at about 9.30 p.m., he along with one Amit Kaushal came to the house of Devinder Pal Singh and took him along to celebrate his (appellant) birth day. Then Devinder Pal Singh did not return, his wife Kuldip Kaur searched for him. Next day, she came to know that dead body of one Sunil Kumar was found in Sadar Bazar who died by poisoning. She became apprehensive and came to Rajpura to his brother Jagmohan Singh PW9 and informed that Devinder Pal Singh was taken away by the appellant who did not return home. He then accompanied her to Ambala Cantt, and on enquiry came to know that the appellant was residing on the first floor (Chaubara) of the house of Puran Chand PW4. They went at the house of the appellant where they found that door of the room was locked from outside and through one of the windows, they noticed the legs on the floor. Leaving behind Kuldip Kaur and Puran Chand PWs, he came to the police station and lodged First Information Report. The police accompanied him. The police broke open the lock and found the dead body of Devinder Pal Singh lying in the room which was identified by both Kuldip Kaur and Jagmohan Singh PWs. Inquest report Exhibit PX/1 was prepared and body was sent for post mortem examination. The doctor preserved viscera from the dead body and sent the same for chemical examination and on receipt of the report Exhibit PB, the doctor gave his opinion that the deceased died of organo phosphorous poisoning. On the same day, dead body of Sunil Kumar was found lying in Sadar Bazar which on post mortem examination as well as on the report of the Chemical Examiner confirmed death by organo phosphorous poison. The appellant as well as Amit Kaushal were arrested in connection with the murder of both Devinder Pal Singh and Sunil Kumar. The police also took into possession plate Exhibit P-4 from the Chaubara of the appellant which on chemical examination was found to contain organo phosphorous poison. After his arrest, the appellant is stated to have suffered disclosure statement in the presence of Dharambir and Head Constable Jawahar Singh and produced from his Chaubara a glass phial containing some powder which was confirmed from the chemical examination report later on as organo phosphorous poison. Amit Kaushal, the other accused, during investigation is stated to have made a disclosure statement and accordingly got recovered powder from his possession which on chemical examination was found organo phosphorous poison. The appellant along with Amit Kaushal denied charge under Section 302 read with Section 34 of the Indian Penal Code of having committed the murders of Sunil Kumar and Devinder Pal Singh in furtherance of their common intention.

(3.) IN order to bring home the charge against the appellant, the prosecution mainly relied upon the testimony of Puran Chand PW4, Kuldip Kaur PW8, Jagmohan Singh PW9, Head Constable Jawahar Singh PW11, Banwari Lal PW12, besides the statement of Dr. P.S. Ahuja PW1. Jagmohan Singh PW9 proved the FIR Exhibit PS and related the sequence of events leading to the recovery of dead body. As per his statement, Kuldip Kaur had come to his house on 13.7.1994 and informed that the appellant had taken the deceased alongwith him last night and her husband did not return thereafter. He stated that the dead body of Devinder Pal Singh was recovered by the police from the Chaubara of the appellant in his presence and he had attested the recovery of plate Exhibit P-4 containing some powder. He also stated that he had known the appellant who was a visitor to the house of the deceased. When he happened to come to Ambala, he had seen the appellant at the house of the deceased. Kuldip Kaur PW8 also stated that her husband was doing hosiery business and the appellant was well known to her husband. On 12.07.1994, at about 9.30 p.m., appellant Sanjay Mittal alias Sonu had come to her house and had taken alongwith him her husband Devinder Pal Singh to celebrate his birthday in his house. Her husband did not return thereafter. She searched for her husband and thereafter came to know that one Sunil Kumar was murdered by poison. Then she came to her brother Jagmohan Singh PW9 at Rajpura and brought him along, reached the house of the appellant and found the dead body of her husband Devinder Pal Singh who was lying in the locked room of the appellant. Jagmohan Singh then went to inform the police. The police broke open the lock and recovered the dead body of Devinder Pal Singh from there. She also stated that her husband and the appellant were doing hosiery business together for about 3-4 months. Puran Chand PW4 stated that he rented his Chaubara to Sonu alias Sanjay Mittal at the rate of Rs. 550/- per month. The stairs to his Chaubara were from the backside of his house and the appellant had independent access to the rented Chaubara from the backside lane of his house. Kuldip Kaur and her brother Jagmohan Singh came to his house and he then accompanied them to the room of the appellant and noticed the legs of a person on the floor. Thereupon, the police was informed and got opened the locked room and removed the dead body of Devinder Pal Singh from there. Head Constable Jawahar Singh PW11 stated that the appellant was interrogated in his presence who suffered disclosure statement Exhibit PN to the effect that he had kept concealed poison in a phial of glass in his house. His statement was attested by him and Dharambir PW and in accordance with his statement, the appellant produced the glass phial from his house which was taken into possession in a sealed parcel. Banwari Lal Inspector PW12 submitted report under Section 173 of the Code of Criminal Procedure in this case against the appellant and his co-accused and also identified the handwriting and signatures of Harpal Singh Inspector (since dead) on various documents prepared by him during the investigation of this case.