(1.) Present Government Appeal was preferred by the State of Uttaranchal against the judgment and order dated 27.10.2004, passed by learned Addl. Sessions Judge / I F.T.C., Dehradun in Sessions Trial No. 38 of 1995, whereby accused / respondents K.S. Arora, Smt. Upendra Kaur alias Kukki, Smt. Priya Arora, Binny Arora and Yogesh Tyagi were exonerated of the charge of offences punishable under Sections 147, 148, 302 of IPC read with Section 149 of IPC and Section 201 of IPC giving them benefit of doubt.
(2.) A missing report (Ext. Ka-3) was lodged with Officer In-Charge, Police Station Bindal, Dehradun on 02.12.1993, by Major K.S. Arora relating to his son and son-in-law. According to Major K.S. Arora, on 01.12.1993, at 11:00 A.M., his son-in-law Sanjay Luthra and his son Binny Arora left the house saying that they were going to meet a friend and that they will get back by lunch. The son and son-in-law of Major K.S. Arora went to meet a friend. Since they did not come back till 02.12.1993, therefore, such missing report was lodged. Missing report (Ext. Ka-3) contained the address and signature of PW3 V.S. Madan, Advocate also, besides Major K.S. Arora.
(3.) On 04.12.1993, another complaint (Ext. Ka-4) was lodged by V.S. Madan (PW3) with Station Officer, Police Station Garhi Cantt. Dehradun, enumerating the facts contained therein that the informant has family terms with Sanjay Luthra and his family for the last many years. Informant was a practicing lawyer at Delhi High Court. Sanjay Luthra got married to Priya d/o Major K.S. Arora in April 1991 at Dehradun. After sometime, the relations between Sanjay and Priya became strained and after living together for two months, Priya returned to Dehradun. Priya filed a criminal case against Sanjay in the year 1991 at Dehradun and Sanjay filed a divorce petition in Bombay, which was decided ex-parte in his favour. Priya lodged a dowry harassment case against Sanjay, his mother and brother Sunil in Police Station Bindal, Dehradun. Sanjay was enlarged on bail in said case in April 1993 by an order of a Court at Dehradun. Informant V.S Madan alongwith Sanjay came to Dehradun in this connection. Sanjay, his mother and brother obtained a stay order from the Allahabad High Court. Informant alongwith the brother of Sanjay came to Police Station, Bindal, Dehradun with the copies of stay order. After submitting copy of stay order at police station concerned, both of them visited the house of Major K.S. Arora. They met Major Arora, Smt. Kukki Arora w/o Major Arora and their daughter Priya Arora. Priya was carrying a beautiful child in her lap, who was born out of her wedlock with Sanjay. Informant tried to mediate between the estranged couple for the sake of child's future. On coming to know about the birth of his son, Sanjay became emotional. Thereafter telephonic conversation started between Sanjay and Priya. Sanjay told Priya that he would try for the custody of his child with due process of law. Priya also invited Sanjay to visit her at Dehradun. In November 1993, Binny Arora, brother of Priya, visited Sanjay at Bombay and told him that now his family members were ready for reconciliation and Sanjay might keep his wife and child with him. Binny invited Sanjay to Dehradun for the purpose of taking back his wife and child. On this, the informant V.S Madan advised Sanjay that both the parties should meet at Delhi, as Sanjay was legally divorced with Priya and therefore, mutual consent of the parties was required. On 28.11.1993, both the parties met at Hotel Marina, situated at Delhi. They stayed there for two days. Both the parties entered into compromise on the terms that criminal cases against Sanjay and his family members would be withdrawn. Arora family insisted the informant V.S Madan to come with Sanjay to Dehradun. Sanjay was convinced. On 30.11.1993, informant and Sanjay reached Dehradun at 09:30 P.M.
They took a room in Hotel Drona (managed and run by Garhwal Mandal Vikas Nigam Limited). Major Arora came there and took both of them for dinner at his residence. On Major Arora's persuasion, Sanjay decided to stay at their house, but the informant V.S Madan came back to Hotel Drona. On the next day (01.12.1993), at 09:00 A.M., Major Arora came to the informant at Hotel Drona. Major Arora looked perplexed. On being enquired about Sanjay, Major Arora replied that yesterday they were busy talking to each other till late night and as such, Sanjay was sleeping. Major Arora insisted the informant to take another accommodation and on his request, he (informant) accompanied him (Major Arora) to Hotel Inderlok, where Major Arora arranged for his stay free of cost. Major Arora took the informant to ONGC with him. At about 01:00 P.M., when both of them reached Major Arora's residence, Sanjay and Binny were not present in the house. On being asked, informant was told that both of them have gone to meet a friend and would surely come back by lunch. Informant, after having had his meals, returned to Hotel Inderlok at 04:00 P.M. At about 08:00 P.M., informant was told by Major Arora that they (Sanjay and Binny) have not returned. Informant and Major Arora started searching for them at various places, but to no avail. When informant told Major Arora that now it's too late at night and they should lodge a complaint with the police, Major Arora said that it's better to wail till morning. On 02.12.1993, a missing report was lodged with Police Station, Bindal in this regard. Unable to get any clue about the missing people, the informant intimated his brother, son and Sanjay's brother Raveen telephonically. He also telephonically informed Colonel Babbar, brother-in-law of Sanjay, who was at Chandigarh. The relatives reached Dehradun on 04.12.1993 by noon. Informant, brother and brother-in-law of Sanjay went to Major Arora's house.
Colonel Babbar made a comprehensive inquiry with Major Arora and said that he had every apprehension that they had a hand in this missing episode. On this, Major Arora, his wife and Priya, all got scared. On being told by Colonel that police would certainly unearth the truth one day or the other, the three left for another room. After sometime they all came out with folded hands, started sobbing and said that they had committed a great sin and they should be pardoned. They apprehended that Sanjay might take his child with him and might again desert his wife, therefore they killed Sanjay with the help of Binny and one of his friends. They also confessed that Binny and his friend wrapped the dead body in quilt, curtains alongwith bed sheet and took the same in their Maruti car and disposed it of in the hills of Mussoorie. They further told that Binny intimated them over telephone that they had thrown the dead body in a deep ravine near Kempty Fall and it was impossible to retrieve the same. Informant summed up his complaint by alleging that Major Arora, his wife Kukki and daughter Priya alongwith son Binny and his friend had killed Sanjay in their own house.;