KANWAR SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) RESPONDENTS Nos. 2 to 5 were tried for an offence under Section 302, 120 -B, 201/34 of the Indian Penal Code for short - "IPC") and 25(1)(3) of the Arms Act by the Additional Sessions Judge, Jhajjar in FIR No. 479 dated 20.10.2000 registered at Police Station, Jhajjar. Vide judgment dated 28.2.2006 passed by Additional Sessions Judge, Jhajjar, respondents Nos. 2 to 5 are acquitted of the charge framed against them. Aggrieved by the same, complainant -petitioner -Kanwar Singh has filed the present petition.

(2.) PROSECUTION case, as noticed by the trial court in para 2 of its judgment is as under:

(3.) IN the present case, respondents Nos. 2 and 5 were arrested on 20.10.2000 and their disclosure statement Ex. PC and Ex. PD respectively were recorded. Complainant -petitioner while appearing in the witness box as PW -1 and Sajjan Singh while appearing in the witness box as PW -2 had deposed that recovery in pursuance to the disclosure statements suffered by respondents Nos. 2 and 5 was effected on 20.10.2000. However, the Investigating Officer Mahender Singh while appearing in the witness box as PW -11 had deposed that the disclosure statements of respondents Nos. 2 and 5 were recorded on 20.10.2000. On 21.10.2000, the said respondents were produced in the court of area Magistrate and they were remanded to police custody up to 24.10.2000. Thereafter they got the skeleton of the deceased recovered form the disclosed place. This discrepancy in the prosecution evidence is very material and has been rightly stated to be so by the learned trial court. Since two versions have come with regard to the recovery of the skeleton on the basis of disclosure statements suffered by respondents Nos. 2 and 5, the learned trial court had rightly held that versions favourable to the accused was required to be adopted.