JITENDER KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of this order, we shall decide Criminal Appeal No. 571 -DB of 2002 and Criminal Appeal No. 498 -DB of 2004 filed by Jitender Kumar son of Rajbir and Santra wife of Jaibir, respectively, challenging judgment and order dated 12.6.2002, recorded by the Additional Sessions Judge, (Adhoc), Hisar, convicting and sentencing them in the following terms:

(2.) SANTRA Devi, wife of Jaibir, made a signed statement, Ex. PB, on 19.12.1997 at 11.30 A.M., at Police Station City Hansi that she resides near Dadal Park and has two children. Jaibir, her husband, sells clothes on a 'pheri' and, therefore, visits villages Kulana, Karar, Mayar, Jagga Bara and Dhani Bukhri etc. At about 11.00 A.M., on 11.12.1997, her husband was at home and she was busy doing household work when three persons arrived, one of them, who had injuries on his fore -head, was wearing a pant and a shirt and appeared to be 22 -23 years old, whereas the other two were wearing kurta pajamas. They were sitting with her husband and started smoking biris'. Jaibir Singh, her husband, asked her to prepare tea. She went to the kitchen and when she was preparing tea, these persons stated that they would not take tea. One of them, asked her husband, to accompany them to clear their accounts with respect to purchase of cloth. Jaibir Singh went with these persons but before leaving, told her that he is going to village Kulana to settle their accounts. Santra Devi stated that her husband has not returned and she fears that these persons have detained her husband on a false pretext. Santra Devi also said that she had searched for her husband, but has not been able to trace her husband. She can identify these persons if they are produced before her. The statement, Ex. PB, led to registration of FIR No. 590 dated 19.12.1997, under Section 368 IPC at Police Station City Hansi but the investigation, did not make any headway.

(3.) PW 7 ASI Sada Ram arrested Ram Niwas, who has been acquitted, on 29.8.1998 after obtaining his remand, pursuant to a production warrant. The Investigating Officer recorded a disclosure statement by Ram Niwas, Ex. PK, dated 10.9.1998, disclosing the place where they had murdered Jaibir after serving liquor and the place where they had thrown Rajbir's dead body. A rough site plan of the alleged place of murder is Ex. P.M. A rough site plan of the place where the dead body was thrown is Ex. PN. Rajiv, another accused, who has also been acquitted, was arrested on 17.9.1998 by PW10 Inspector/SHO Abhey Singh and suffered a disclosure statement, Ex. PQ, which is in consonance with the disclosure statement made by Ram Niwas. Vide memo Ex. PR, Rajiv pointed out the place where Jaibir was murdered and vide memo Ex. PR/1, the place where they threw the dead body of Jaibir. The prosecution, however, could not find the dead body of Jaibir or his remains and was unable to apprehend Jitender.