RANG LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE this judgment, the above mentioned three appeals and revision petition would be disposed of as they have been arisen out of judgment/ order dated 26/29.4.2008 passed by the trial Court. Prosecution story in brief is that on 1.12.2006 at about 1.35 A.M., an entry was made in the DDR registered at police station City Narnaul on the statement of Om Parkash qua dis -appearance of Surender @ Kalu. As per the said report, Surender @ Kalu, who was running a goldsmith shop in Pustak Gali, had started from his shop at 8.30 P.M. for his house but had failed to reach his house. His scooter No. HR 06A/ 2480 was parked near Nav Jeevan Hospital Nizamur Road. It was further stated that Surender @ Kalu was wearing a grey colour pant and jacket. Surender @ Kalu was aged 28 years and was 5.4' tall. Thereafter, FIR in question was registered on the basis of the statement of complainant Naveen Kumar.

(2.) CASE of the complainant, as per the FIR, was that Surender @ Kalu, his cousin, was residing in Narnaul for the last 6 -7 years with his family and was running a goldsmith shop in Pustak Gali. At about 8/9 P.M., his wife informed him that Surender had not reached home. Om Parkash, employed with Electricity Department, got registered report qua missing of Surender, on 1.12.2006. On receipt of information that a dead body of a young boy was lying on Kultajpur Road behind Laxmi Stone Crasher, complainant reached the spot and identified the dead body of his brother. Surender had been murdered by slitting his neck. Complainant stated that some unknown persons, after kidnapping his brother, had murdered him and had left the body behind Laxmi Stone Crasher with an intention to hide the same.

(3.) ON 4.12.2006, Assistant Sub Inspector Kirorimal apprehended Jeep bearing registration No. RJ 18 -C 3035 coming from Singhana side driven by appellant Rang Lal. On the basis of disclosure statement suffered by appellant Rang Lal qua commission of murder of Surender by him along with his co -accused Umed and Rajesh, place where the dead body was thrown was identified by appellant Rang Lal and demarcation report was prepared. Thereafter, on the basis of disclosure statement suffered by appellant Rang Lal, he got recovered a polythene bag and from the said bag, 2 gold rods, two chains, one box containing small gold pieces were recovered. The entire gold articles, on weighment, came to 320 grams. Same were made into sealed parcel and the said parcel was taken in possession. Thereafter, the house of appellant Umed was raided. Appellant Umed also suffered a disclosure statement and got recovered Rs. 1,000/ - and 252 grams of gold articles from the disclosed place. Thereafter, house of Rajesh was raided and on the basis of disclosure statement suffered by the said appellant, Rs. 1,000/ - and gold articles weighing 240 grams were recovered from the disclosed place.