KHILALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the following facts:

(2.) Randhir Singh deceased was an A.S.I. with the Delhi Police and was on duty on a PCR at Ghewra turning, Delhi on 25-8-1991. At about 6 p.m. on that date he was put on rest and, thereafter, he came to Head Constable Raghubir Singh PW 8 alongwith his brother-in-law Ram Phal an borrowed his scooter bearing No. DAK-5265 and also a sum of Rs. 2000/- from him. The deceased thereafter left Ghewra turning on the said scooter saying that he was going to his village Madana and would be returning to duty ort the same turning by the evening of 26-8-1991. The deceased however did not turn up on that date. On 27-8-199 1 Ram Phill came to Head Constable Raghubir Singh in the morning cold to that he had made an enquiry from village Madana and had found that Randhir Singh had not reached the village as per his plan. At about 10.00 a.m. the same day. Head Constable Raghbir Singh and Ram Phal started a search of him by hiring a Maruti Car and when they were on their way to village Mathey were attracted by a crowd gathered near a well in village Tandaheri and on going closer they saw the dead-body of Randhir Singh that had been recovered from the well; the body having been recovered after having been noticed by one Nirmal Singh who had informed Mohinder Singh PW 4, the Sarpanch of village Tandaheri. He had in turn deputed Bhim Singh Chowkidar to guard the dead body whicn was lying in the well while he had gone to the Police Station. Sadar Bahadurgarh and recorded the FIR at 10 a.m. on 27 -8-1991 in which only the factum of the presence of the dead body in the Well was stated it s identity being at that time unknown. Mohinder Singh PW 4: then brought the police to the well and the dead body was taken out from there and subjected to inquest proceedings by Inspector Ashok Kumar PW 9 and thereafter sent of its post mortem examination. Certain to her articles lying close by were also taken into possession. The investigation was thereafter taken in hand on 27-9-1991. Inspector Daya Nand PW 10 net Hanmat Singh PW 5 who made statement before the Inspector that he lad seen both the accused alongwith he deceased on 25-8-199 1 on the scooter of the deceased near the octroi lost, Jhajjar Road. Bahadurgarh. The accused were arrested on 4th October. 991 on being produced before Inspector Daya Nand PW 10 by PW 6 Satbir Singh after the accused had made an extrajudicial confession before this witness in which they had spelt out their involvement in the murder of Randhir Singh. On 5-10-1991 Sin Bhagwan PW 7 another police official and a close relative of the deceased alongwith one Jit Singh had gone to Police Station. Sadar Bahadurgarh and Khiali accused was interrogated by ASI Ram Avtar and he made statement Ex. PH to the effect that he had canceled a scooter bearing No. DAK-53265 in the Shivji Wali Piyao under heaps of grass and he could get the same recovered. Ramesh accused was also interrogated and he disclosed that he had kept concealed a wrist watch and a purse in a wooden box placed on a shelf in has Dukaria. In pursuance thereof the above said articles were recovered and taken into possession. After completion of the investigation the accused were challenged of having committed offences punishable u/s. 302/201/34 of the I.P.C. and as both the accused pleaded not guilty they were brought to trial.

(3.) The prosecution in support of its case examined Dr. P.K. Paliwal PW 1 who had conducted the post-mortem examination on the dead body of Randhir Singh. Rattan Pal Singh Tehsildar-PW 2 who had held an identification parade for the purpose of identifying the articles that had been recovered at the instance of the accused; PW 4 Mohinder Singh the first informant; PW 5 Hanmat Singh who had last seen the accused in the company of Randhir Singh deceased at Bhadurgarh on 25-8-199 1; PW 6 Satbir Singh before whom toe accused had made an extra judicial confession and who had produced the accused before the police; PW 7 Sri Bhagwan a witness of the disclosure statement and the recoveries pursuant thereto; Head Constable Raghbir Singh of Delhi Police as PW 8 who had lent his scooter and Rs. 2000/- to the deceased; Inspector Ashok Kumar PW 9 who had recorded the statement of Mohinder Singh PW 4 and Inspector Daya Nand PW 10 and ASI Ram Avtar PW 11, the two investigating officers.