L.NAGESWARA RAO,J. - (1.) Leave granted in Special Leave Petition (Crl.) No.1745 of 2014. Accused Nos. 2, 3, 5 and 6 have filed these appeals against the judgment of the High Court confirming their convictions and sentences passed by the Sessions Judge, Ambala. Accused No.1 did not prefer an appeal against the judgment of the High Court. The appeal filed by Accused No.4 abated due to his death.
(2.) Bharat Bhushan Arora (hereinafter referred to as the deceased) son of Sh. Kanwal Nain Arora was the owner of Bharat Furniture Udhyog, Faridabad. At about 8:00 pm on 10.09.1996, the deceased along with his employee Kamlesh (PW-6) left for Delhi on his scooter to purchase toughened glass sheets for TV showcases. He was scheduled to return back around midnight. As he did not come home even at 2:00 am on 11.09.1996, his father along with Ashok Kumar started searching for him. Initially, they went to the place from where the deceased purchased the toughened glass sheets and were informed that he left the shop at 11:00 pm after purchasing the glass sheets. They went to the house of one Mahinder around 04:30 am and were informed that the deceased met him earlier in the evening but left immediately thereafter. They were frantically searching for the deceased and finally found his dead body around 5:30 pm on 11.09.1996 lying in the bushes on the left side of the road, at a distance of one km. from Anangpur Chowk towards Faridabad. The scooter on which the deceased was travelling was also lying 3-4 feet away from his body. They observed an injury mark near the eye of the deceased and blood on his face. They were surprised to find the body at that spot as, earlier in the day at around 2:00 pm they had searched the same area but there was no sign of a body being there. Kanwal Nain Arora lodged a complaint at Police Station, NIT Faridabad which was registered as an FIR at 8:00 pm on 11.09.1996 wherein it was mentioned that he suspected Kamlesh to have committed the murder.
(3.) The investigation was initially carried out by A-4, Inspector Ram Kumar who was assisted by A-5, Dharam Pal ASI and A-6, Mawasi Ram ASI. On completion of the investigation, a closure report under Section 173 was filed on 11.01.1997 in which it was stated that the death was caused due to an accident. As the father of the deceased suspected that his son was murdered, he requested the Government of Haryana to order an enquiry. The District Magistrate, Faridabad ordered a magisterial enquiry to find out about the cause of death of Bharat Bhushan. The magisterial enquiry revealed that the deceased died due to Asphyxia. It was also found in the enquiry that the deceased might have been killed and his body was later placed on Surajkund-Faridabad road. As there was a suspicion of involvement of police officers, the report suggested that the investigation should be entrusted to an agency other than the district police. ;