SUNNY KAPOOR Vs. STATE UT OF CHANDIGARH

JUDGEMENT

(1.) These appeals arising out of the same judgment were taken up for hearing together and are being disposed of by this common judgment.

(2.) The appellants are rickshaw pullers. They were charged for committing murder of one Satish Kumar Mehra. He was a businessman. He used to run a proprietory firm known as M/s. Kala Udyog, Chandni Chowk, Delhi. The firm used to supply saris and other garments to the shopkeepers. He on or about 18-9-1999 came to Chandigarh to collect his dues from the businessmen to whom he had supplied saris. He visited the shop of one Pankaj Gulati in Sector 22-C, Chandigarh at about 7.30 p.m. on the same day. He allegedly prior thereto had collected a sum of Rs. 25,000/ in cash and a cheque amounting to Rs.40,000/- from M/s. Amarsons Shop situated in Sector 22, Chandigarh and also diverse sums from others including Praveen Gulati and Satish Kumar Gulati. He left for the bus stand to board a bus to reach Delhi. Praveen Gulati and Satish Kumar Gulati, however, received a telephone call from Nirmal Mehra, brother of Satish Kumar Mehra, at about 11.30 a.m. that he had not reached Delhi. Praveen Gulati enquired about him from other dealers. When he was informed that Satish Kumar Mehra had not reached Delhi, he was requested to make a report in that behalf to police, pursuant whereto a report was made by him which was recorded as DDR No. 23 at about 7.20 p.m. on 19-9-1999. The SHO of the police station received a wireless message in the morning of 20-9-1999 that a dead body had been noticed behind the boundary wall of Udyog Bhawan, near the road of Sector 17/18. The Investigating Officer along with SI Janak Singh, ASI Hira Lal, ASI Harinder Singh, ASI Parmjit Kaur, Constable Pawan Kumar 161, Constable Paramjit Singh 439, Constable Jai Bhagwan 1556 reached the spot. It was found that the dead body of one person was lying in the ditch of water and his articles were seen nearby. The articles consisted of driving licence on which photo and address of the deceased Satish Kumar Mehra was noticed whereupon Praveen Gulati who had lodged the DDR No. 23 dated 19-9-1999 was sent for. Praveen Gulati identified the dead body as that of Satish Kumar Mehra. A First Information Report was thereupon lodged as against unknown for commission of an offence under Section 302/34 of the Indian Penal Code (IPC). The brother of the deceased Nirmal Mehra also reached Chandigarh. He is also said to have identified the dead body of Satish Kumar Mehra.

(3.) The appellants allegedly approached one Chander Prakash (PW-11) who is said to be a social worker. They had already told PW-11 that they believed that the police was on the look-out for them. According to him, they came in a rickshaw and sought for his help. While they were being taken to the police station by PW-11, the police party met them. They were arrested as they were said to have made extra-judicial confessions about their involvement in the crime before PW-11 . They made confessions while they were in the police custody. They are said to have made further confession which led to the alleged recovery of two rickshaws. The appellants were on the aforementioned basis put to trial.