DEEPAK KUMAR @ MICHAEL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two criminal appeal Nos. 792- DB of 2008 filed by Deepak Kumar @ Michael and 913-DB of 2008 filed by Jalbir Singh, having been arisen out of the same judgment. The accused Deepak Kumar @ Michael and Jalbir Singh, both resident of Awa Basti, Bathinda were tried for committing murder of Manoj Kumar resident of village Sisie, Police Station Hansi, Hisar. Consequently, vide judgment dated 24.9.2008, passed by the learned Sessions Judge, Bathinda, they were convicted and sentenced as under :- <FRM>JUDGEMENT_541_LAWS(P&H)1_2012(1).html</FRM>

(2.) Rattan Singh, a friend of Manoj Kumar was mother's sister's son of the accused Deepak Kumar alias Michael and Anoop Kumar PW was a friend of Manoj Kumar. Manoj Kumar, besides being a student of M.A. was running a mobile shop in Jawahar Nagar, Hissar. On 8.3.2006, Deepak a resident of Bathinda, contacted Rattan Singh as well as Manoj Kumar at Hissar, to come and contact him at Bathinda for purchase of mobile phones at cheaper rates. In response to the said communication, on 9.3.2006, Manoj Kumar along with his friend Anoop and Rattan Singh came to Bathinda. Manoj Kumar was carrying two mobile phones i.e. No.098134- 97134 mark Sony Ericson and 092552-70003 mark Samsung along with Rs. 25,000/- in cash. After reaching Bathinda, at 7.00 p.m, Deepak Kumar alias Michael met them and took them to a Barber Shop. Then he after leaving Anoop Singh and Rattan Singh at the Barber shop, took Manoj Kumar so also Jalbir Singh accused a resident of Bukhrari, Police Station Kosi Kalan, District Mathura (U.P.), who was residing at Awa Basti, Bathinda at that time, on Bajaj Discover Motor cycle of red colour, saying that they would becoming within a short time after purchasing mobile phones, but they did not turn up till 11.00 p.m. As such, Anoop Singh and Rattan Singh had to stay at the house of accused Deepak Kumar alias Michael in their wait where they came to know that Deepak was of bad conduct and some times he did not turn up to his house for some days. On the next day i.e. 11.3.2006, after waiting for a long, they returned to Hissar and informed Ram Phal father of Manoj Kumar about the missing of Manoj Kumar and thereafter Ram Phal in the company of his brother in law Rajinder Singh and Anoop Singh reached Bathinda and searched for Manoj Kumar. Ultimately, having failed to trace out Manoj Kumar, Ram Phal got recorded his statement Ex.PH before ASI RajbirSingh (PW10) regarding complicity of Deepak Kumar alias Michael and Jalbir Singh in the commission of the crime, on the basis of which, case FIR Ex.PH/2 was registered at the police station at 8.30 p.m. ASI Rajbir Singh (PW10) searched the houses of the accused on 11/12.3.2006, but they were not available.

(3.) On 13.3.2006, on receiving of the information from Ram Phal and Rajinder Singh that Manoj Kumar has been murdered and his dead body was floating in the canal. Upon this, he went to the canal and spotted his dead body in the area of Bir Behman which was taken out of the canal. He found that his both hands along with chest were tied with a neck. He got the dead body photographed, special report was sent to the Deputy Superintendent of Police vide DDR No. 12 dated 13.3.2006 Ex.PX. He prepared the inquest report Ex.PD and dispatched the dead body for postmortem examination. He prepared the rough site plan of the place of recovery of the dead body Ex.PT. On 14.3.2006, he arrested the accused Deepak Kumar alias Michael along with Jalbir Singh and the motor cycle used by them in the commission of the crime. From the search of the accused Deepak Kumar alias Michael, currency notes of Rs. 7500/-; one identity card of the deceased Manoj Kumar; and one slip of Nehru Library were recovered. One mobile phone mark Sony Ericson was also recovered. He took all the documents into possession vide memo Ex.PJ. From the search of the accused Jalbir Singh, currency notes of Rs. 2500/- were recovered which were taken into possession vide memo Ex.PK. On 16.3.2006, he interrogated accused Deepak Kumar alias Michael and got recovered the dagger, pursuant to his disclosure statement Ex.PO. The dagger was taken into possession vide memo Ex.PO/2. He also interrogated Jalbir Singh, who vide his disclosure statement Ex.PP got recovered one pant of red colour and the other of dull colour belonging to himself as well as to the accused Deepak Kumar alias Michael and a mobile phone which was also taken into possession, recovered from his rented accommodation situated at Awa Basti, Bathinda, which was also taken into possession vide separate recovery memo. Inspector Gurjeet Singh (PW13) is also a witness of the disclosure statements and recovery memos and with regard to the arrest of the accused.