M. Jeyapaul, J. - (1.) ACCUSED Virender Singh @ Beeru, Vijay Peter and Renu faced the trial before the trial Court. Accused Renu was acquitted of the charge framed against her. Accused Virender Singh and accused Vijay Peter were convicted and sentenced as follows: All the substantive sentences were ordered to run concurrently.
(2.) ACCUSED Virender Singh has preferred Crl.A. No. 600 -DB of 2008 and accused Vijay Peter has preferred Crl.A. No. 642 -DB of 2008, aggrieved by the judgment of conviction and sentence recorded by the trial Court as detailed above. Two other accused, namely, Rajinder and Sunil who were charge -sheeted alongwith the other accused in this case were declared as Proclaimed Offenders. The story of the prosecution reads as follows: a) PW16 Rajan was the Incharge of Ganga taxi stand, Gurgaon. On 12.2.2004, he received a telephonic call from accused Vijay Peter in connection with hiring of taxi for proceeding to Rajasthan from Ghaziabad. Accused Vijay Peter furnished his address to PW16 who proceeded to Ghaziabad in his taxi bearing registration No. HR20J -3801. On the way, he received another telephonic call that Vijay Peter and his companions were waiting for PW16 at Hapur Octroi Post. Alongwith accused Vijay Peter, accused Virender Singh and two other persons also were found at Hapur Octroi Post. All of them boarded his taxi. He brought them to Ganga taxi Crl.A. No. 642 -DB of 2008 -3 stand, Gurgaon. Thereafter, he sent all of them in his taxi driven by his driver Manoj Yadav (since deceased). b) Surprisingly, there was no information as to the whereabouts of his taxi driven by Manoj Yadav for about 4 -5 days. He traced the STD booth from where the accused originally contacted another taxi stand owner Vikram and got the address of Vijay Peter through the owner of the STD booth, Ghaziabad. He proceeded to the said address and found that the wife of Vijay Peter alone was present in the house. She furnished a telephone No. 022 -34009222 of Bombay. PW14 Naresh Yadav, an MLA contacted the said telephone number, but the driver of the taxi could not be located. Therefore, PW16 lodged a man -missing complaint (Ex.PN) with the DLF Police Station, Gurgaon. c) PW13 Richpal, an agriculturist hailing from Shahpura, District Sikar, Rajasthan was informed about a dead body lying in a field by one Bhiwa Ram on 14.2.2004. He lodged a complaint (Ex.PL) with respect thereto. PW24 Inspector Bhag Singh, Vigilance Nagar Nigam, Jaipur registered a formal FIR (Ex.PL/1) on the basis of the complaint given by PW13. He proceeded to the place where the dead body was lying in the field. He prepared the inquest report (Ex.PM). He lifted blood stained earth and sample earth from the spot. He also recovered hammer (Ex.P23) alongwith a handle (Ex.P24) and three pieces of stones having blood stains (Exs.P25 to P -27) under recovery memo Ex.PG. He recovered Shirt (Ex.P17), T -Shirt (Ex.P18), a pair of sandal (Ex.P19) and a packet of Jarda (Ex.P20) and match -box (Ex.P21) from the scene of occurrence. He also took into possession a rope (Ex.P13). He prepared rough site plan (Ex.PT) Crl.A. No. 642 -DB of 2008 -4 reflecting the scene of occurrence. d) PW22 took the photograph of the unidentified dead body at the request of PW24. e) PW25 Dr. Sanjeev Kumar Sharma attached to SMS Hospital, Jaipur conducted the post mortem examination on the unknown dead body of the male aged about 30 years. He found a tattoo mark on the forearm of the dead body. On examination, he noticed the presence of rigor mortis on lower extremities and fingers. There was a sign of decomposition. The following external injuries and external appearances were noted by PW25: 1. Laceration wound 7 x 11/2 cm into brain deep was present over the occipital region. It was placed horizontal. Profuse bleeding was present and clots were coming out from the wound side with little brain material. 2. Lacerated wound 21cm x 1 cm into brain deep extending from right pinna of ear to left parietal region was present. Right pinna was lacerated. 3. Bruise 5 x 1/2 cm over cervicle region posterior ally. 4.LACERATED wound 11/2 cm x, 11/2 cm x 1/4th cm were presnet over the forehead. 5.LACERATED wound 1 cm x 1/4th cm x 1/4th cm were present over the chin right side. Broken right lateral incisor tooth. 6.MULTIPLE (8 abrasions) linear type of length 5,2,3,1,2,3,4,1 were epresent over abdominal thoriacic region left laterial side. 7.LINEAR abrasion 11/2 was present over right knee. Linear abrasion 5 cm was present over left thigh. 8.BRUISE 8 xm 3/11/2 cm extending from left foot to lower one third of leg dorsally crossing ankle joint was present. 9.MULTIPLE abrasion anal mucosa upto 3 cm in size were present. On internal examination scalp wound as described above was having skull fracture in occipital and parietal region. Memrance of brain was found ruptured beneath the wound site. Brain was lacerated in occipital and parietal region. Blood clots were present in cavity. External appearance: 1 Both upper arms, chest, face, scalp hairs were stained with blood. 2 Leaves of barley was found on the body. 3 One barley shrub was found inserted in anus with its total length about 26 cm (5cm was found inserted in anal canal upto rectum, rest 21 cm was found outside of anal canal. 4 Sacred thread (Moli) was found around right wrist. 5. One Kala Dora was found tied on right upper arm. He opined that the deceased died due to severe head injury. The post mortem report was marked as (Ex.PX). f) PW24 took into possession a pant (Ex.P15) and an underwear (Ex.P16) under relevant memo Ex.PV. After the post mortem examination, the dead body was cremated, taking permission from the Municipal Committee. g) On 23.2.2004, PW5 Mahender and PW15 Nand Lal who were the uncle of deceased Manoj Yadav identified the dead body as that of Manoj Yadav on the basis of the dress recovered from the scene of occurrence and clothes recovered from the dead body and the photograph of deceased Manoj Yadav. h) On 20.2.2004, PW27 S.D. Sanas, Police Sub Inspector attached to Palgar Police Station, District Thane, Maharashtra took into possession a Qualis vehicle bearing registration No. HR20J -3801 under Section 41(1)(d) Code of Criminal Procedure from the possession of accused Virender Singh and Vijay Peter. i) PW28 S.I. Charan Singh attached to DPF Police Station, Gurgaon arrested accused Vijay Peter and Virender Singh who were handed over by PW27 S.I. S.D. Sanas on 23.2.2004. He recorded the disclosure statement (Ex.PZ) given by accused Vijay Peter and the disclosure statement (Ex.PAA) given by Virender Singh. He also took into possession Qualis bearing registration No. HR20J -3801 under the relevant memo. j) On 28.2.2004, PW28 proceeded to Jaipur via Ringus from Bombay. Accused Virender pointed out the alleged place of occurrence vide demarcation memo Ex.PO. A purse (Ex.P9) and copy of ration card (Ex.P13) were recovered from accused Virender Singh. Accused Vijay Peter also demarcated the alleged place of occurrence under demarcation memo Ex.PQ. PW28 recovered a purse (Ex.P31) and photographs of the deceased (Exs.P32 and 33) under recovery memo (Ex.PDD) from accusedVijay Peter. k) PW20 DSP Dalbir Singh laid final report under Section 173Cr.P.C. as against the accused on completion of investigation in this matter.
(3.) When the accused/Appellants were brought to their notice all the incriminating evidence spoken to by the witnesses examined on the side of the prosecution, they contended that they were innocent, but a false case was foisted on them.;