PANKAJ SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two appeals i.e. CRA-D No.999-DB of 2009 preferred by Pankaj Sharma and CRA-S No.1776-SB of 2009 preferred by Mukesh Gupta aggrieved against the judgment of conviction and order of sentence dated 04.07.2009 and 06.07.2009 respectively rendered by learned Additional Sessions Judge, Ambala, whereby appellants Pankaj Sharma has been convicted under Sections 302 & 201 IPC as well as 25 of the Arms Act, whereas appellant Mukesh Gupta has been convicted under Section 201 IPC and sentenced to undergo imprisonment for varying terms as mentioned in the order of sentence.

(2.) As per prosecution, on 18.11.2004, when ASI Baldev Singh alongwith other police officials was present at Tanduran Bazar, Ambala City in connection with patrolling, he received information to the effect that dead bodies of two females in the gunny bags are lying in Labhuwala Pond (Talab). Pursuant to such information, he alongwith other police officials reached at the spot, where Vijay Kumar son of Sheetal Parkash resident of H.No.40, Aarti Market, Ambala City complainant met him and got recorded his statement. In his statement (Ex.PA), Vijay Kumar, Property Dealer, stated that he has two sons and three daughters out of which youngest is his daughter Aarti, who is 18 years old and is doing the course of Stenography. He stated that yesterday i.e. 17.11.2004 at about 11.00 AM, his wife Usha Rani and daughter Aarti had gone to the market for shopping, as there was marriage of his niece namely Suman, which was fixed for 21.11.2004. Apart from giving the description of apparels worn by her daughter, he stated that they had taken a Rexene bag of red colour with them. He stated that since both of them did not come back till evening, they started search for them, but no clue was found. He stated that today i.e. 18.11.2004 at about 10.00 AM, he came to know that on the back side of Labhuwala pond, dead bodies of two ladies are lying in the gunny bags. Upon this, he and his son Sujesh Kumar reached Labhuwala pond, where many persons were standing. On opening the gunny bags one by one, he found the dead bodies smeared with blood of his wife and daughter. He stated that there were deep wounds of the sharp edged weapon on their necks and that the clothes of his daughter were in torn condition. On the basis of such statement, ruqa (Ex.PA/1) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.PA/2) was recorded by SI Baljeet Singh.

(3.) Thereafter, ASI Baldev Singh summoned a photographer, who took the photographs of the dead bodies. He also prepared rough site plan Ex.PN. After conducting the inquest proceedings (Exs.PH & PK), he sent the dead bodies of Usha and Aarti for post mortem examination vide applications Exs.PL and PM. He also took into possession both the gunny bags vide recovery memo Ex.PB. The post-mortem examinations on the dead bodies of Usha and Aarti were conducted by PW-3 Dr. Veenu, Medical Officer, General Hospital, Ambala City, on the same day at about 4.15 PM and 5.15 PM respectively. It was on 25.12.2004, Inder Pal and Raghbir Singh produced the accused Pankaj before Inspector Ram Kumar, P.S. Ambala City. Both narrated the confessional statement suffered by Pankaj Sharma and handed over the confessional statement (Ex.PQ) written by Pankaj Sharma himself in his own hand to Inspector Ram Kumar. After recording statements of Inder Pal and Raghbir Singh, Inspector Ram Kumar took into possession the confessional statement (Ex.PQ) vide memo Ex.PO and arrested the accused. Thereafter, during interrogation, accused Pankaj Sharma suffered a disclosure statement Ex.PR. In his disclosure statement, accused Pankaj Sharma apart from disclosing the manner in which Usha and Aarti were killed and the manner in which their dead bodies were disposed of after consulting Sonu (Mukesh Gupta) stated that the apparels and sandals of Aarti and that of Usha and the bag containing some articles, have been burnt by him behind his house and that he left the cycle of Sanjeev, which was used by him in carrying the dead bodies, at his house. He also stated that he concealed the knife used in the commission of crime and his own clothes on the bank of Ganga, Haridwar under the stones in a polythene, where he stayed after the incident. He also stated with regard to the confessional statement made by him to Inder Pal @ Pammi, Muncipal Commissioner and Raghbir Singh. Pursuant to such disclosure statement, accused led the police party to the place of occurrence from where blood stains were lifted through swabs and taken into possession vide memo Ex.PC.