MANJIT @ VICKY Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 17.3.2006 around 8.15 PM Narinder Arora (deceased) and his brother Bharat Bhushan Arora PW2 along with their employee complainant Mukesh Kumar PW1 were closing down their premises M/s Arora Plywood in City Kaithal, while the complainant was downing the shutters and Bharat Bhushan was standing nearby and when the deceased had taken out his car bearing No. PB -10 -AP -2880 ( in short the Car) from the rear of the shop and had just stopped the car and while Bharat Bhushan was getting the keys from the complainant, two young boys came on a motorcycle, one of them appeared to be aged around 24/25 height 5' 6" and the other aged around 25/26 years with height of 5' 8 " both clean shaven. At that juncture the first boy came near the deceased while the other stood behind the car. The first boy told the deceased that since you had not handed over the ransom amount of Rs 50 lacs and immediately fired shot from his pistol hitting the deceased in the head. Both boys thereafter ran away on their vehicle towards Bhagat Singh Chowk. While the deceased was profusely bleeding, he was rushed in the same very car by his brother and others to the hospital of Dr. Shah from where the deceased was referred to PGI, Chandigarh and died on the way and was declared brought dead. It was on the statement of Mukesh Kumar by way of Ex. PA made before PW45 SI/SHO Sukhdev Singh of Police Station City Kaithal and after endorsement Ex. PA/2, present FIR Ex. PA/3 was got registered naming Anil and group of Surender Geong as the persons responsible for this murder. The Investigating Officer after examining the spot of the crime lifted empty cartridge of .9 mm Ex. P18 along with broken pieces of glasses and after preparing them into sealed parcel took the same into police possession through memo Ex. PT. He also prepared inquest report Ex. PE and on police application Ex. PNNN/1, after necessary process by way of Ex.PNN/2 and Ex. PNN/3. The post mortem examination was conducted by Dr. V.K.Sharma PW3 who gave report Ex.PC as to the cause of death being on account of fire arm injury which was ante mortem in nature sufficient to cause death in the ordinary course of nature.

(2.) THE Investigating Officers who were assigned the investigation from time to time recorded statements of the witnesses and during the course of investigations it transpired that the 33 accused namely Surinder Singh son of Ishwar Singh, Sube Singh, Mahavir, Jitender Kumar, Anil Kumar, Naresh alias Nesha, Jamser alias Jasmer, Darshan Singh, Rajesh Kumar, Gurdeep Singh, Sanjiv Kumar, Surinder Singh son of Ram Dia, Dharambir Malik, Raghbir Singh alias Kala, Sukhwinder Singh alias Kaku, Devinder Pal alias Goldi, Anoop, Anila alias Pilla, Ram Lal alias Lali, Ishwar Singh, Ashok Kumar, Manjit alias Vicky, Baljeet Singh alias Jeeta, Joginder Singh, Surinder Pahalwan, Harjinder Singh alias Fauji alias Balbir Singh, Nagender, Prem Singh, Baljeet Singh, Lakhwinder Singh alias Lakha, Nirmal alias Ladi, Hoshiar Singh and Sushil belong to the gang of Surender Geong carrying on nefarious activities of demanding ransom and similarly such activities of robbery and murders. The gang on 14.12.2005 hade made a telephonic call on landline telephone no. 229317 in the shop of the deceased calling upon the deceased for making ransom call of Rs 50 lacs and the caller disclosed his identity as Baljit alias Jeeta resident of Badshikri. Thereafter the deceased had received similar calls on 2/3 occasions calling for ransom and in between some persons had been visiting their shop meeting the deceased. The motive for this murder was on account of non -payment of this ransom amount by the deceased.

(3.) DURING the investigations police made recoveries of mobile phones/SIM cards, telephone calls with relevant documents by way of memos Exs. PL, PL/1, PL/2, PL/3, PL/4, PQ, PR, PS, PS/1, PS/2, PS/3, PV, PX,PX/1, PZ, PAA, PRR,PZZ, PVVV/1, PEE, PHHH/1, PNNN, PYYY, PZZZ, P1/A, P3/A, P4/A, P7, P13, P38/A, P39/A, P41/A, P41/B, P41/C, P42/A, P45/A, P46/A, P49/A consisting of mobile phones Ex. P1 to P3, P8, P11, P17 SIM card Ex. P4, P6 diary/bills of the calls Ex. P5, P7, P12, P13. Rough site plan of these recoveries Ex. PL/5, PL/6, PL/7, PV/1, PHHH/2, PJJJ, P10/A, P50/A, P33/A. During the investigations consequent upon arrest of accused, disclosure statement Ex. PU of Gurdeep Singh, Ex. PY of Naresh Kumar, Ex. PBB of Ashok Kumar, Ex. PDD of Baljit Singh, Ex. PEE of Joginder, Ex. PFF of Surinder Pehalwan, Ex. PGG of Joginder Singh, Ex. PHH of Surender son of Dalip Singh, Ex. PJJ of Surender S/o Ishwar, Ex. PKK of Dharamvir, Ex. PLL of Jamsher, Ex. PMM of Naresh Kumar alias Nesha, Ex. PNN of Dharamvir Singh, Ex. POO of Harjinder Singh, Ex. PQQ of Rajesh Kumar, Ex. PTT of Surender son of Ishwar, Ex. PSS of Surender son of Ishwar, Ex. PUU of Anil Kumar, Ex. PXX of Anil Kumar, Ex. PYY of Tilak Raj, Ex. PAAA of Balwinder, Ex. PDDD of Ram Lal, Ex. PKKK of Naresh Kumar, Ex. PLLL of Jangsher alias Kala, Ex. PMMM of Harjinder Singh, Ex. POOO of Nagender Singh, Ex. PSSS of Anil Kumar, Ex. PTTT of Surender son of Ishwar, Ex. P/5/A and Ex. P/6/A of Nirmal Singh, Ex. P/8/A of Lakhwinder Singh, Ex. P/30/A of Manjit Singh, Ex. P/44/A of Baljit Singh, Ex. PHHH of Darshan Singh and Ex. P16/A of Sushil Kumar.