RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Ramesh Kumar assails judgment dtd. 23/2/2005 and order dtd. 25/2/2005 passed by Additional Sessions Judge, Gurgaon whereby he has been held guilty and sentenced as under:- <IMG>JUDGEMENT_175_LAWS(P&H)2_2025_1.jpg</IMG>

(2.) The matter arises out of FIR No.548, dtd. 17/5/1997, Police Station City, Gurgaon, under Ss. 364, 302, 201/34 IPC (Ex.PE/1) lodged on the statement of complainant Dinesh Kataria (Ex.PE), wherein he stated that he was having a white coloured Maruti car bearing registration No.HR-26-C-1516 which was being used as a taxi' and that he had employed Sanjiv Kumar as a driver since the last three months. Complainant alleged that his car had been hired by Jayant etc. on 13/5/1997 for travelling from Gurgaon to Rohtak, but neither his car nor his driver had returned back till date (17/5/1997). Complainant suspected that Jayant etc. may have killed his driver Sanjiv Kumar by taking his vehicle somewhere away from Rohtak.

(3.) It is the case of prosecution that on 16/5/1997 a dead body lying in the pits on the straw of mustard crop was noticed by Duli Chand, Chowkidar of village Shahpur, District Panipat (PW-2) at about 6.30 pm and he accordingly gave information to the police. On the basis of said information DDR No.26 dtd. 16/5/1997 came to be recorded.