UMED SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment, being passed in CRA -D -7 -DB -2005, 'Umed Singh Vs. State of Haryana', shall dispose of all the four appeals, as they have arisen from a common judgment of conviction and order of sentence, whereby the learned Additional Sessions Judge, Bhiwani, had convicted the appellants of the offences under Sections 302/34, 364 and 201 of the Indian Penal Code, 1860 (for short 'IPC'), in Sessions Trial No.166 of 1998, and were awarded sentences in accordance with law. The facts are being taken from CRA -D -7 -DB -2005.

(2.) The background of the matter is that the FIR was lodged by one Rajesh Kumar (subsequently examined as PW/20 in the case) on 03.11.1993. The complainant had mentioned in his statement that he had purchased a new Jeep bearing Registration No.DL -2CE -9790 on 05.10.1993 from Gurgaon, which was parked for booking at Bus Stand Dadri. He engaged his maternal uncle Ashok Kumar as its driver and one Siri Bhagwan as the cleaner. It was also mentioned in the FIR that on 24.10.1993 in the morning, Jai Bhagwan, brother of the cleaner Siri Bhagwan had told him that on the previous date, four young persons (whom he could have otherwise identified, if they were present before him) had hired the vehicle from Bus Stand Dadri to Rohtak. These facts were explained by stating that the Jeep coming from the direction of Bus Stop halted after Siri Bhagwan saw his elder brother standing on the T -point on Ghikara Road and told him about the Rohtak booking. Jai Bhagwan also ascended the Jeep and subsequently got down at Bus Stand Kamodh. But the Jeep did not return even after three days, on account of which, the complainant lodged a report of missing of his Jeep on 26.10.1993. He, thereafter, lodged the FIR against the four unknown persons, who had in the above manner "taken the vehicle with an intention to kill" on 03.11.1993.

(3.) Consequently, the FIR No.281 under Section 364, IPC, was drawn up in the Police Station Dadri, District Bhiwani on 03.11.1993. It transpires that the hijacked Jeep was recovered more than three years later on 12.03.1998, and it was formally seized on 02.04.1998 by the Deputy Superintendent of Police, Dadri, after having been identified by one Vijay Kumar Kaushik, when it was in an unfit condition for being driven. Subsequently, on 15.04.1998, another Jeep was intercepted and it was found to have been fitted with the engine of the stolen Jeep. The same was being driven by one Phool Singh. The appellant -Umed Singh was, thereafter, arrested on 09.05.1998 after which he gave a disclosure statement before the Police, which is Exhibit PNN. On the basis of his statement, human bones were recovered from a deserted well situated near Pipal in the area of Kheribura. Those bones were subsequently sent for forensic examination in the PGIMS, Rohtak. The same were examined by Dr. S.K.Dhatterwal, Reader in the Department of Forensic Medicines, who deposed as PW/5 in the case and submitted his report, which is Exhibit PM. The relevant extracts from the report are set out as below: -