SURENDER @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Criminal Appeal No.D- 1017-DB of 2010 filed by Surender @ Kala, appellantaccused and Criminal Appeal No.D-1021-DB of 2010 filed by Ajmer, appellant against the judgment of conviction dated 04.10.2010 and the order of sentence dated 07.10.2010 passed by learned Additional Sessions Judge, Sonepat (for short learned trial court ) vide which they were convicted and sentenced as under:- <FRM>JUDGEMENT_286_LAWS(P&H)11_2014_1.html</FRM>

(2.) Ranjit Singh, ASI after making endorsement Ex.PC/1 on the statement Ex.PC, made by Neelam, sent the same to the Police Station Gohana for registration of FIR. On the basis thereof, FIR No. 212 dated 8.9.2006 u/s 364/ 34 IPC, P.S. City Gohana Ex.PO/1 was registered. ASI Ranjit Singh went and inspected the spot and prepared rough site plan Ex.PV/1. On 08.09.2006 Jagbir Singh, MHC produced before the Investigating Officer a sealed parcel, which was taken into possession vide recovery memo Ex.PV/2. Accused Surender was arrested and during investigation, he made disclosure statement Ex.PS/1 in the presence of HC Rajbir and Dalbir Singh. As per his disclosure statement his co-accused Ajmer had told him on 07.09.2006 that Bijender Secretary was to be murdered. He disclosed that he alongwith Ajmer came on motorcycle, whereas, Amit, brother of Ajmer, came in a maruti van ambulance and at about mid-night time they stood in Chopra Colony, whereas Amit, co-accused parked his maruti van ambulance in Sector-7 Gohana. Ajmer had talked to the wife of Bijender during intervening night of 7/8.9.2006. Thereafter, they had gone to the house of Bijender and committed his murder by throttling him and also by smothering him with a pillow. He further disclosed that one suitcase was brought from the house of Bijender under the impression that it may contain some cash, however, only clothes of Bijender, his bank pass book and GPF receipts were found in it. He further disclosed that he was having the suitcase, clothes and mobile phone of Ajmer and he got recovered the same which were taken into possession vide recovery memo Ex.PS/2. Surender, accused also got the place identified where the dead body of Bijender was set on fire. Memo Ex.PS/3 in this regard was prepared. Site plan of the place of recovery at the instance of Surender Ex.PV/3 was also prepared.

(3.) On 10.09.2006 Rajender, brother of the deceased Bijender moved an application Ex.PD to the Station House Officer that his brother, who was Panchayat Secretary at Gohana, was kidnapped from his house and murdered by some three unknown persons and his dead body was charred in Bitoras (dung cake heaps) situated in village Kasanda. Neelam, wife of Bijender had got registered a case in Police Station City Gohana. Today, he had seen the call details of mobile Phone No. 9896080912 on the mobile phone of his brother Bijender. This mobile number belongs to Ajmer. He suspected that Ajmer, co-accused alongwith his companions had committed the murder of his brother Bijender in which Neelam wife of Bijender had also played a vital role. He suspected that at the instance of Neelam, his brother Bijender was murdered by Ajmer etc. as he (Ajmer) used to visit the house of his brother Bijender at Gohana several times. Ajmer had come to him once and told him that his brother Bijender had not returned his money. Neelam used to talk with Ajmer on telephone time and again. Neelam had misled the family as well as the police and got registered a false case. Neelam had got his brother Bijender murdered through Ajmer etc. Action be taken against Neelam and Ajmer etc.