GAUTAM DASS & ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Gautam Dass and Nimai Manjhi have filed Crl. A. No. 792 -DB of 2009 and accused Rajesh has preferred Crl. A. No. 267 -DB of 2010 aggrieved by the conviction and sentence passed by the trial Court as follows: -

(2.) PW 7 Satbir having detected a dead body of a young person in the bushes near Gurgaon road leading from Sethi Company Goodwill Chungi to Faridabad suffered a statement Ex. P12 before PW14 S.I. Jitender Singh. PW14 arranged a photographer to take photographs Ex. P7 to P11 of the unknown dead body. Thereafter he held inquest and prepared inquest report Ex. P3 and sent the dead body to B.K. Hospital, Faridabad for identification. PW12 Lallan Yadav identified the dead body as that of his brother Manoj Yadav.

(3.) PW 17 Inspector Narender Kumar, SHO, Sector 55, Faridabad took up the case for investigation on 2.1.2008. He procured call details of the mobile phone of the deceased bearing mobile set SIM card No. 9810759597 through PW15 Constable Dinesh. PW17 during the course of investigation came to know that said mobile of the deceased was used by accused Gautam Das in Sahara Mall, Gurgaon with SIM No. 9810899104. He arrested accused Gautam Dass at village Chhakarpur. The mobile phone of Nokia 1110 was recovered from him based on the disclosure statement Ex. P18 suffered by accused Gautam Dass. The said mobile phone was identified by PW8 Ramphal, the maternal uncle of the deceased as that of the mobile set of the deceased Manoj Yadav.