MANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vishal Goyal son of Vijay Kumar Goyal (V.K.Goyal) was students of 10 + 2 in Udey Bharti Public School, Sector 14, Faridabad. On 15-3-1995 at about 7.30 PM.Vishal Goyal was taking meals in his house No. 267, Sector 10 Faridabad. Some one called Vishal Goyal from outside. Thereupon, he went outside to meet him. V.K.Goyal waited for 5-10 minutes for the return of his son. He went outside when his son did not return and after he had waited for him 5-10 minutes, he searched for his son but to no effect. He and his friends searched for Vishal Goyal in the house of his friends. Vishal Goyal was not traced. No clue could be found to his whereabouts despite frantic efforts made for tracing him. He reported the matter at pp Sector 7, Faridabad on 15-3-1995 vide application Ex. PP.Contents of application Ex. PP were incorporated in DDR of Police Chowki Sector 7, Faridabad vide DDR No. 27 dated 16-3-1996. On 16-3-1995, Manish Sharma PW informed V.K.Goyal that former had seen the son of the latter Vishal Goyal going outside in the company of Arun and Sandip appellants on the evening of 15-3-1995 on motor cycle No. HR-29-3698 when he was going to Delhi. V.K.Goyal had known Arun and Sandip prior to 15-3-1995 During the course of search for Vishal Goyal, Banke Lal Aggarwal and Bhuwneshwar PWs also informed him that on 15-3-1995 at about 8.30 PM they were strelling on the road dividing Sectors 9 and 13 that they noticed motor cycle and scooter coming from the side of canal in street light. Banke Lal Aggarwal and Bhuwneswar Goval PWs further informed him that Sandeep, Aman and Arun were riding that motor cycle and Sandeep was carrying sword, Vikram and Mandip were riding that scooter. Meanwhile Gulshan Malik met him during the search operation. He informed him that on 15-3-1995 at abut 4.30 PM when he was going from near Kesar Sweet Restaurant in Sector 15, Faridabad in connection with his personal work, he saw Vishal Goyal and 5-6 boys quarrelling. Those 5-6 boys were Arun, Aman, Sandip, Vikram and Mandip. Gulshan Malik further told him that he intervened and separated them. While continuing with the search operations V.K.Goyal, Manish Sharma, Bhuwneshwar and Banke Lal Aggarwal PWs reached by the side of bank of Gurgaon canal from the side of road dividing Sectors 9 and 13 and there they found a pair of chappal, V.K.Goyal idenified those chappaps as belonging to his son Vishal Goyal. Close- by, they noticed trail of blood going up to the canal, as also drag marks. V.K.Goyal left for the police post for reporting the matter. On the way on the T point of the road which divides Sectors 9 and 8, the police met him and he made statement Ex. PA at about 7 p.m. on 16 -3-1995. On the basis of statement of Ex. PA case FIR No. 221 was registered on 16-3-1995 under Sections 364/34, Indian Penal Code at PS Central, Faridabad. On 16-3-1995, V.K.Goyal, Manish Sharma, Bhuwneshwar, Banke Lal Aggarwal PWs accompanied the police party to Gurgaon canal. They and the police party reached the point near Gurgaon canal where chappals were found. They also found there a locket "OM" belonging to his son. That locket was seized by the police. It was made into a sealed parcel. Sealed parcel was taken into possession vide memo Ex. PP/1 attested by him and Manish Sharma PWs. Chappals were also seized by the police. Those were made into a sealed parcel. Sealed parcel was taken into possession vide memo Ex. PP.Blood stained earth was lifted by the police. It was made into a sealed parcel and taken into possession vide memo Ex.PP/2. Photographer was sent for. He reached the spot and took photographs. Divers were called from the Fire Bridge station, Faridabad with a view to flushing out the dead body, if any, from the waters of Gurgaon canal. Despite frantic efforts extending over a considerable length of time, divers could not locate anything. As dark was perading due to night fall, search operation was discontinued. In the morning of 17-3-1995, divers again attempted to flush out the dead body, if any, from the waters of Gurgaon canal and at about 10 a.m. they succeeded in pulling out a dead body from the canal waters. It was the dead body of Vishal Goyal which was identified by his father V.K.Goyal. Clothes worn on the dead body were taken into possession vide memo Ex. PQ/2. S.I.Bhagat Singh held inquest on the dead body. Inquest is Ex.PQ /1. Medical board consisiting of doctors V.K.Aggarwal and S.S.Arora. Medical Officers, B.K.Hospital, Faridabad conducted autopsy on the dead body of Vishal Goyal and found the following injuries :-

(2.) In the opinion of the medical board, the cause of death was shock and haemorrhage as a result of injuries to the vital organ which were ante-mortem in nature and sufficient to cause death in the ordinary course of nature. Dr. V.K.Aggarwal, PW 5 handed over a vial (sealed) containing blood to the police. He also handed over a sealed packet containing clothes namely underwears P1 and P2, banian P3, sweater P4, pants P5, shirt P6 of the decesed to the police. Time that elapsed between injury and death was instantanceous and time that elapsed between death and autopsy was between 24-48 hours. These sealed parcels were sent to the Forensic Science Laboratory for analysis. On 18-3-1995, S.I.Bhagat Singh arrested all the accused. In pursuance of the disclosure statement Ex.PM made by Sandip accused, he got recovered sword P7 and clothes namley banian P23, pant P22 and Jacket P21 all stained with blood. Sword, banian etc. were taken into possession vide memo Ex. PM/1. Sketch of sword P7 was prepared by SI Bhagat Singh which is Ex. PM/2. Fard Nishandehi Ex.PM/3 was also prepared by him. Vikram accused in pursuance of his disclosure statement. Ex. PN, got recovered one motor cycle, one T shirt lying concealed in his house. T shirt was taken into possession vide memo Ex. PN/2. Fard Nishandehi Ex.PN/3 was prepared. Motor cycle was taken into possession vide memo Ex. PN/1.He prepared rough site plan of the place of recovery of sword and clothes got effected by Sandeep which is Ex.PN/4. In pursuance of the disclosure statement made by Aman, one T shirt P 26 stained with blood was recovered lying concealed in the house. Assistant Director (Serology), Forensic Science Laboratory, Haryana vide report Ex.PR/PR1 found stains of human blood in earth, shirt, T shirt, pant, sweater, blood, kachha, underwear, sword, T shirt and T shirt. After investigation, Sandip Arun, Vikram and Mandip were challenged under Section 302/201/120-B/34 Indian Penal Code and S.25 of the Arms Act by the police of PS Central, Faridabad.

(3.) After investigation, case was committed to the Court of Session by Additional Chief Judicial Magistrate, Faridabad vide order dated 26-5-1995.