NISHA Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) The present appeal along with an application bearing CRM No.10964 of 2016 under Section 378 Sub section 3 of the Code of Criminal Procedure (for short - the 'Cr.P.C.') for leave to appeal, has been filed by appellant-complainant Nisha against the judgment of acquittal dated 01.06.2015 passed by learned Additional Sessions Judge, Palwal, vide which respondent No.2 - accused Devender has been acquitted of the charges levelled against him for the offences punishable under Sections 120-B, 364, 342, 302 and 201 of the Indian Penal Code, 1860 (for short - the 'IPC').

(2.) As per the case of prosecution on 26.07.2010 PW-12 ASI Kundan Lal along with EHC Sanjeev Kumar was present at Kakrali turning in connection with patrolling and crime detection. Appellant-complainant Nisha met him and presented the complaint Ex.P1 alleging therein that on 21.07.2010 at about 05:30 p.m. Ravinder alias Lala co-accused (tried separately) came to their house and asked her husband Ravinder to accompany him. However, he refused to accompany Ravinder alias Lala, still he forced her husband to sit on the motorcycle and took him away with the assurance that he will drop him back. In the meantime, her brother-in- law (Jeth) Mahender died all of sudden, but despite that her husband did not return. She asked Ravinder alias Lala as to why he has not brought her husband back, but he expressed ignorance about his location and rather threatened her. She was almost sure that either Ravinder alias Lala has confined her husband somewhere or he has been killed. PW-12 ASI Kundan Lal sent the application Ex.P1 to the Police Station, on the basis of which the formal FIR Ex.P8 was registered for the offences punishable under Section 342 and 365 IPC and the investigation initiated.

(3.) PW-12 ASI Kundan Lal, the Investigation Officer of the case, made the efforts to trace out victim Ravinder, the husband of the complainant. On 27.07.2010, he received an information that a dead body has been recovered from Gurgaon Canal in the area of Police Station Jurhera, Distt. Bharatpur (Rajasthan). The inquest proceedings under Section 174 Cr.P.C. were carried out by ASI Umed Singh Police Station Jurhera and the dead body was identified to be that of Ravinder. On 28.07.2010, Rajesh the brother of deceased Ravinder presented a complaint to PW-12 ASI Kundan Lal at General Hospital, Jurhera alleging therein that on 21.07.2010 his brother Ravinder was taken away by Ravinder alias Lala from his house. Thereafter, Ravinder alias Lala in conspiracy with Bhoop son of Prem Parkash, Devender son of Mahender, Raju son of Paras Ram and Mannu son of Gopal had murdered him and thrown his dead body in the Canal to cause the evidence to disappear. On the basis of said complaint, offences punishable under Sections 302, 201 and 120-B IPC were added.