GURJANT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPEAL is filed against the judgment and sentence passed by learned Additional Sessions Judge Fast Track Court Una (H.P.) in Sessions Trial No. 15 of 2008 titled State of H.P. v. Gurjant Singh decided on 29.5.2010. Case was registered vide FIR No. 498 of 2002 dated 2.9.2002 at P.S. Una (H.P.) Sessions trial number was 19/04 RBT number was 37/05/04. Criminal case was against six accused namely Amrish Rana, Tara Chand, Bhim Singh, Sunil Kumar, Sandeep Kumar and co -accused Gurjant Singh. But during committal proceedings appellant Gurjant Singh escaped from judicial custody and later on appellant was declared as proclaimed offender. Appellant Gurjant was later on arrested and supplementary challan was prepared and submitted in Court against appellant Gurjant Singh.

(2.) BRIEF facts of the case as alleged by the prosecution are that deceased Ashok Kumar was working as driver in Chemical factory at Jhalera. It is alleged by prosecution that on dated 24.8.2002 deceased was seen by his brother Prem Kumar in the company of Satta @ Satvir, Pinku @ Rajesh Kumar and Neeraj @ Lambar in the Esteem car bearing registration No. DL -3CB -6939 near old hospital chowk at Una (H.P.) at 6.45 PM and thereafter deceased Ashok Kumar did not come to his home for 2/3 days nor he appeared in Court in triple murder case which was pending against him and was fixed for hearing on dated 26.8.2002. It is alleged by prosecution that on dated 26.8.2002 it was told by Naveen Kumar to P.W. 5 Prem Kumar that Pinku, Neeraj and Vinay Kumar took deceased Ashok Kumar to Sub jail Una (H.P.). It is alleged by prosecution that co -accused Amrish Rana asked Naveen Kumar and Vinay Kumar to collect money from Mehatpur and when Naveen Kumar and Vinay Kumar came back to Sub jail Una (H.P.) they found that nobody was present there and thereafter Naveen left Vinay Kumar in Sub jail Una (H.P.). It is alleged by prosecution that thereafter dead body of deceased Ashok Kumar was found in river near village Panjawar and same was identified by his brother P.W. 5 Prem Kumar on dated 2.9.2002 in presence of father of deceased and thereafter police official took into possession the dead body and prepared inquest papers. It is alleged by prosecution that co -accused Amrish Rana and others were arrested in triple murder case at the instance of deceased and due to this enmity deceased was killed by accused persons namely Amrish Rana and others in furtherance of criminal conspiracy. It is further alleged by prosecution that on dated 24.8.2002 when P.W. 9 was present in his shop at about 6.30 PM an esteem car bearing registration No. DL -3CB -6939 being driven by Satnam came to his shop and Vinay Kumar, Vijay Kumar and Neeraj were sitting in said car and Vinay Kumar inquired from P.W. 9 about deceased Ashok Kumar and P.W. 9 told him hat he was not knowing about deceased Ashok Kumar but in meantime deceased Ashok Kumar arrived there and above said persons started talking with deceased Ashok Kumar. It is alleged by prosecution that deceased Ashok Kumar was asked to come to Sub jail Una (H.P.) and thereafter deceased along with above named occupants of car came towards Sub jail Una (H.P.). It is further alleged by prosecution that at about 8.45 PM P.W. 9 Naveen Kumar came to Sub jail Una (H.P.) on his motor cycle and found that Esteem car was lying parked outside Sub jail Una (H.P.) and Ashok Kumar, Vinay Kumar, Satnam, Vijay Kumar, Neeraj, Rajesh @ Pinku, Rajesh @ Seth and Rajinder @ Jindu were sitting in the guard room of Sub jail Una (H.P.) and were talking to each other. It is alleged by prosecution that when deceased Ashok Kumar was sitting outside the guard room then co -accused Amrish Rana and Vinay Kumar came outside the guard room and told Vinay Kumar to collect money from Ravinder @ Babbu from Mehatpur and thereafter he and Vinay Kumar went to Mehatpur on motor cycle to collect money from said Ravinder Kumar who told them that he could not arrange money and assured that money would be arranged within 2/3 days and thereafter they came back from Mehatpur at about 8.15 PM and when they reached back to Sub jail none of persons was there and jail officials told that other persons have left Sub jail Una (H.P.). It is alleged by prosecution that thereafter dead body of deceased Ashok Kumar was found in river where several persons were assembled and police officials also arrived at the spot and dead body took into possession. It is alleged by prosecution that photographs of spot were also obtained and dead body was identified by Prem Kumar and Chandan Singh. It is alleged by prosecution that photocopy of duty register w.e.f. 24.8.2002 to 25.8.2002 and photocopy of meeting register w.e.f. 23.8.2002 to 26.8.2002 and photocopy of roznamacha and photocopy of register No. 16 were took into possession by police officials vide recovery memo Ext. P.W. 4/B. It is alleged by prosecution that P.W. 3 namely Mela Ram home guard official was told by Bheem warder of Sub jail Una (H.P.) that co -accused Amrish Rana and co -accused Gurjant Singh wanted to meet call of nature and thereafter P.W. 3 Mela Ram home guard official posted in Sub jail Una (H.P.) informed co -accused Tara Chand who was shift warder at that time and thereafter co -accused Tara Chand opened the lock of main gate and allowed co -accused Amrish Rana and co -accused Gurjant Singh to meet call of nature outside the jail premises because toilet inside the jail premises was already chocked. It is alleged by prosecution that both co -accused Amrish Rana and co -accused Gurjant Singh were outside the jail premises and 8 -10 persons came from outside to meet them and discussed something in open compound with them. It is alleged by prosecution that thereafter co -accused Amrish Rana and co -accused Gurjant Singh sat in home guard room and thereafter co -accused Amrish Rana and co -accused Gurjant Singh took one person to the meeting room of sub jail Una (H.P.). It is alleged by prosecution that there was no light in meeting room of sub jail Una (H.P.) and thereafter after some time co -accused Amrish Rana and co -accused Gurjant Singh came out from the meeting room of sub jail Una (H.P.) while third person remained inside meeting room of sub jail Una (H.P.). It is alleged by prosecution that thereafter co -accused Amrish Rana and co -accused Gurjant Singh told 8 -10 persons to meet them next day. It is alleged by prosecution that thereafter co -accused Tara Chand took co -accused Amrish Rana and co -accused Gurjant inside judicial lock up. It is alleged by prosecution that thereafter P.W. 3 Mela Ram and co -accused Tara Chand went to meeting room of sub jail Una (H.P.) and searched the meeting room of sub jail Una (H.P.) with torch. It is alleged by prosecution that P.W. 3 Mela Ram home guard posted in sub jail Una (H.P.) requested co -accused Tara Chand shift warder to hand over him the torch but co -accused Tara Chand refused to do so and thereafter P.W. 3 Mela Ram home guard official lit a match stick and noticed that wooden box was lying in meeting room of sub jail Una (H.P.) and he partially opened wooden box and on opening wooden box he saw dead body of deceased Ashok Kumar inside the wooden box kept inside meeting room of sub jail Una (H.P.). It is alleged by prosecution that thereafter P.W. 3 Mela Ram home guard official informed co -accused Tara Chand who told him not to disclose the incident to anyone otherwise he would be involved in criminal case. It is also alleged by prosecution that thereafter again P.W. 3 Mela Ram on dated 2.9.2002 identified the dead body in zonal hospital Una (H.P.) and came to know that dead body was of deceased Ashok Kumar. It is alleged by prosecution that thereafter statement of P.W. 3 Mela Ram home guard official was recorded before Judicial Magistrate under Section 164 Cr.P.C. it is alleged by prosecution that dead body was the same dead body which P.W. 3 Mela Ram home guard saw in meeting room of sub jail Una (H.P.) in wooden box. It is alleged by prosecution that co -accused Amrish Rana and co -accused Gurjant have also threatened P.W. 3 Mela Ram home guard official that they would finish the family of P.W. 3 Mela Ram in case he would depose against them. It is also alleged by prosecution that post mortem of deceased Ashok Kumar was conducted by P.W. 18 Dr. Suresh Sankhayan and post mortem report is Ext. P.W. 18/D. It is alleged by prosecution that as per post mortem report cause of death of deceased Ashok Kumar was asphyxia as a result of throttling. It is further alleged by prosecution that thereafter scooter which was used for carrying the dead body to a river was took into possession. It is alleged by prosecution that spot map was prepared and lock and wooden box also took into possession. It is alleged by prosecution that disclosure statement was also recorded and scooter No. HP -22 -8137 also took into possession. It is alleged by prosecution that wooden box was also recovered from sub jail Una (H.P.) vide seizure memo. It is also alleged by prosecution that co -accused Amrish Rana and co -accused Gurjant Singh kept the dead body of deceased Ashok Kumar in a box in meeting room of Sub jail Una (H.P.) and thereafter in the night of 24.8.2002 co -accused Amrish Rana and co -accused Gurjant Singh in connivance with co -accused Tara Chand warder of Sub jail Una (H.P.) shifted the dead body to back side of IPH office after wrapping the same in blanket and thereafter placed the dead body in gunny bag. It is alleged by prosecution that thereafter in the night of 25.8.2002 co -accused Amrish Rana and co -accused Gurjant in connivance with co -accused Tara Chand shift warder transported the dead body of deceased outside the meeting room of Sub jail Una (H.P.) to a river situated in Khad village on scooter No. HP -22 -8137. It is alleged by prosecution that spot map of sub jail Una (H.P.) was prepared and spot map of recovery where empty gunny bag was thrown was also prepared. It is alleged by prosecution that spot map was also prepared where spade was used for burying the dead body. It is alleged by prosecution that site plan was also prepared where dead body was buried. It is alleged by prosecution that documents were took into possession vide seizure memo Ext. P.W. 4/B and photographs of window through which co -accused Amrish Rana and co -accused Gurjant escaped also obtained. It is alleged by prosecution that statement of Mela Ram home guard official under Section 164 Cr.P.C. was also recorded before Additional Chief Judicial Magistrate Una (H.P.). It is alleged by prosecution that reports of FSL were also obtained. It is alleged by prosecution that deceased Ashok Kumar and co -accused Amrish Rana and appellant Gurjant were accused in triple murder case which was pending before competent Court of law. After investigation of case challan was filed in competent Court of law.

(3.) THE prosecution examined following oral witnesses in support of its case: - -