STATE OF HARYANA Vs. JASBIR AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed by the State of Haryana impugning judgment dated 06.02.2002 passed by the learned Additional Sessions Judge, Gurgaon whereby respondents -accused have been acquitted of the charges under Sections 364/302/201/392/34 IPC.

(2.) BRIEF facts of the case are that, Madan Singh (deceased) was the brother of complainant - Om Parkash. He was a Taxi Driver and went missing on 06.07.1993. DDR (Ex. PW10/A) was entered on 19.07.1993 at 5.30 p.m. at Police Station City Gurgaon on the statement of Om Parkash (PW22) to the effect that his brother Madan Singh was present at the Taxi Stand, Gurgaon on 06.07.1993 at about 8.00/9.00 a.m. Two persons hired his Taxi on 06.07.1993 in the morning. Since then his brother Madan Singh had not returned. Deceased was described to be 23 years of age, dusky complexion having a thin body inflicted with stammer having a height of 5' 2". He was wearing trouser and a shirt. DDR (Ex. PW18/A) was registered at 6.30 p.m. on 19.07.1993 at Police Post Pinangaon on the basis of a statement of Deen Mohammad Khan who disclosed himself to be a resident of Shah Chokha and when he was going for his evening walk at about 5.00 p.m. along the bank of Shah Chokha drain, he saw a gunny bag in the drain near the bridge (Pulia). Several dogs were sitting around the gunny bag. He saw bones of human feet protruding out of the gunny bag as well as a white shirt and pant in the bones. He suspected the body to be 10 -15 days old. A number of people gathered at the spot.

(3.) As per the post -mortem examination it was revealed that only some of the bones were present and the opinion rendered is as under: - -