CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 1 111
IIIINNNN TTTTHHHHEEEE HHHHIIIIGGGGHHHH CCCCOOOOUUUURRRRTTTT OOOOFFFF PPPPUUUUNNNNJJJJAAAABBBB AAAANNNNDDDD HHHHAAAARRRRYYYYAAAANNNNAAAA
AAAATTTT CCCCHHHHAAAANNNNDDDDIIIIGGGGAAAARRRRHHHH
((((1111)))) C CCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 ((((OOOO&&&&MMMM))))
RRRReeeesssseeeerrrrvvvveeeedddd oooonnnn::::----00006666....11111111....2222000022225555
PPPPrrrroooonnnnoooouuuunnnncccceeeedddd oooonnnn::::---- 11114444....00001111....2222000022226666
UUUUppppllllooooaaaaddddeeeedddd oooonnnn::::----11115555....00001111....2222000022226666
Lala …Appellant
Vs.
State of Haryana …Respondent
CCCCRRRRAAAA----DDDD----333366666666----DDDDBBBB ooooffff 2222000000005555
2.
Irshad …Appellant
Vs.
State of Haryana …Respondent
CCCCOOOORRRRAAAAMMMM:::: HHHHOOOONNNN’’’’BBBBLLLLEEEE MMMMRRRR.... JJJJUUUUSSSSTTTTIIIICCCCEEEE NNNN....SSSS....SSSSHHHHEEEEKKKKHHHHAAAAWWWWAAAATTTT
HHHHOOOONNNN’’’’BBBBLLLLEEEE MMMMRRRRSSSS.... JJJJUUUUSSSSTTTTIIIICCCCEEEE SSSSUUUUKKKKHHHHVVVVIIIINNNNDDDDEEEERRRR KKKKAAAAUUUURRRR
Present: Mr. Deepender Singh, Senior Advocate with
Mr. Mohit Thakur, Advocate
Mr. Ram Krishan Rana, Advocate for the appellant(s).
Mr. Rajiv Sidhu, Sr. DAG, Haryana;
Mr. Rajinder Kumar Banku, Sr. DAG, Haryana.
***
NNNN....SSSS....SSSSHHHHEEEEKKKKHHHHAAAAWWWWAAAATTTT,,,, JJJJ....
1111.... This judgment shall dispose off two criminal appeals,
iiii....eeee....,,,, CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 titled as ““““LLLLaaaallllaaaa VVVVssss.... SSSSttttaaaatttteeee ooooffff HHHHaaaarrrryyyyaaaannnnaaaa””””,,,,
and CCCCRRRRAAAA----DDDD----333366666666----SSSSBBBB ooooffff 2222000000005555 titled as ““““IIIIrrrrsssshhhhaaaadddd VVVVssss.... SSSSttttaaaatttteeee ooooffff HHHHaaaarrrryyyyaaaannnnaaaa””””,,,,
whereby, the appellants have challenged the common impugned
judgment and order dated 12.04.2004, vide which, the appellants were
convicted for the commission of the offences under Sections 302/34
IPC and were sentenced to undergo imprisonment for life and to pay
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 2 222
fine of Rs.5,000/- each under Section 302 IPC alongwith default
stipulation. They were further sentenced to undergo rigorous
imprisonment for three years and to pay a fine of Rs.2000/- each
under Section 201 IPC alongwith default stipulation.
2. The FIR Ex.PA/1 in the present case was registred on the
basis of the complaint Ex.PA moved by Hukam Chand son of Moti
Ram and the same has been reproduced below:-
“To
The S.H.O.
P.S.City Palwal.
Sub: regarding missing of driver Ganga Ram and
maruti car No. HR-29A/0077 from 30.1.2003.
Sir,
I Hukam Chand s/o Sh. Moti Ram caste Nai am resident
of Saini Nagar ward No. 10. My brother Ganga Ram
aged about 27 years used to work as driver on the
private vehicle of Mahesh Kumar Jain s/o Sh. Trilok
Chand Jain, R/o Pirwali Gall. H. No.61. Ward No.2
when on 31.1.2003, he did not reach house in the night,
then I went to the house of owner to enquire about him.
The owner of the car told him that at his instance he
went in the said car to leave Ram Singh s/o Ballam
caste Balmiki R/o Madiya Mohalla Palwal and Suresh
S/o Sh. Heera Lal caste Balmiki, R/o Jawahar Nagar
Camp, Palwal in village Ghasera. When I came to the
house of Suresh and Ram Singh then they told that Ram
Singh was dropped at Hathin Gate by Ganga Ram
driver and when he was proceeding towards camp to
drop Suresh, Suresh told that near Chacha Chiken
Corner two persons Lala s/o Sh.Khichu, caste Thakur
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 3 333
R/o near Panchwati Road behind Naaz Cinema and
Irshad s/o Sh. Idrish caste Muslim, R/o Ganda Nala
Geet Palace Cinema got into the car and Suresh was
dropped in camp. My brother Ganga Ram has been
enticed away in the night of 30.1.2003 alongwith vehicle
by Lala and Irshad in order to commit offence.
It is therefore requested that action against the accused
persons may be taken immediately. It will be greatness
of you.
Dated 03.02.2003 Applicant
Sd/ in Hindi
Hukam Chand s/o Sh. Moti Ram.
R/o Saini Nagar, Palwal”.
3. After the registration of the FIR, both the accused were
arrested by the police on 11.02.2003. In police custody, accused Lala
made disclosure statement that he and other co-accused Irshad and
Ganga Ram, since deceased, had liqour at Chacha Chiken Corner and
a dispute arose between Irshad and Ganga Ram. Firstly, they gave
blows to Ganga Ram and then he was taken to tubewell of Master
Hari Chand in the area of village Jodhpur. Again, he was beaten up
and was strangulated to death, inside the tubewell room with his own
muffler. They had put Ganga Ram, since deceased, in a car and the
dead body was thrown in the Agra Canal. Irshad also made similar
disclosure statement and both the accused led the police and witnesses
to the specified place. Lala got recovered pant and shirt of Ganga
Ram, since deceased, from a place behind his own tubewell near the
tubewell of Master Hari Chand. Irshad, accused also got recovered a
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 4 444
lagging, sweater and shoes of Ganga Ram, deceased in the room of
his house. The belongings of deceased were taken into possession by
the police and separate recovery memos were prepared in this regard.
On 17.02.2003, the dead body of Ganga Ram was recovered in a
highly decomposed condition and the postmortem examination was
conducted on the dead body. During the course of investigation, both
the accused had also identifed the place of throwing the dead body
and memo in that behalf was also prepared. After completion of
investigation, the report under Section 173 Cr.P.C. was prepared by
SI Krishan Kumar and was presented before the Court of Area
Magistrate.
4. Since, the offence under Section 302 IPC was triable by
the Court of Sessions, the case was committed the Court of Sessions
Judge, Faridabad. The trial Court found a prima facie case under
Section 302 read with Section 34 IPC and Section 201 IPC against
both the accused and they were ordered to be charge sheeted for the
said offences. The charge was read over and explained to the
appellants/accused, however, they pleaded that they had been falsely
implicated and prayed for holding the trial.
5. In support of the charge, the prosecution examined 12
witneses in all. PW1 Suresh Kumar stated that on 30.01.2003, he and
his maternal uncle Ram Singh had gone to village Ghasera in Maruti
car, which belonged to Ramesh Jain. Ganga Ram was the driver. In
their return journey, his maternal uncle got down from the car near
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 5 555
meat market in Mariya Mohalla, Palwal. He was going to his
residence in Camp Palwal in the same car and at Sohana turn, Irshad
and Lala, both the appellants/accused were standing. Irshad signalled
the car to stop and both the accused got into the car. Ganga Ram had
taken the car to his residence, where Suresh got down and went inside
his house. However, Ganga Ram and both the accused/appellants
went away in that car.
6. The prosecution further examined PW2 Mahesh Kumar,
who stated that he was owner of the Maruti car and had employed
Ganga Ram, since deceased, as the driver of his car. In the morning
on 30.01.2003, he came to his residence and took the car out on road.
He did not know that Ganga Ram and the car were taken away by
Suresh and Ram Singh. Further, Ram Singh, told him that he had
alighted from the car at meat market, Hathin Gate and Suresh told
him that two persons were sitting on Chacha Chiken Corner at Sohana
Road. He did not know as to what had happened to Ganga Ram. The
prosecution further examined Shiv Lal, ASI, as PW3, who had
recorded the formal FIR Ex.PA/1 and made his disclosure statement
Ex.PA/2. He had recorded the statements of Mahesh, Suresh and Ram
Singh in the present case. PW4 Aanoj Kumar, Drafsman, had
prepared the scaled site plan Ex.PC. The prosecution further
examined Kartar Singh, ASI, as PW5, who stated that on 02.02.2003,
he found a Maruti car HR-29A-0077, which was parked on Anandpur
road and he had taken the same into possession. The prosecution
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further examined Hukam Chand as PW6, who was the brother of
Ganga Ram, since deceased. Hukam Chand PW6 stated that at about
09.30 a.m. on 30.01.2000, his brother left their house in a Maruti car,
which belonged to Mahesh Jain. Before leaving the house, Ganga
Ram told that he was to go to Ghasera as the car was booked for
going to that place. He also informed that two persons were to be
carried to Ghasera and he would return in the evening. Ganga Ram
returned to Palwal at 08.30 p.m. but he did not come back to his
house. On 31.01.2000, he and his brother Billu went to Mahesh Jain
and told him that Ganga Ram had returned. Mahesh Jain told that
Suresh and Ram Singh had hired the car and had gone to Ghasera.
They went to the house of Suresh in Camp Palwal, but he told that
both the accused Lala and Irshad had boarded the car. This witness
also remained associated during the interrogation of Irshad and Lala
and was also a witness to the recoveries made by the police from both
the appellants.
7. The prosecution further examined PW7 Man Singh. He
deposed that on 17.02.2003, he was working as Head Constable in
Police Station Barsana. Hukam Chand, brother of the deceased had
moved an application to the effect that the dead body of his brother
was lying near the Canal bridge in the area of village Nadholi. The
police officials accompanied him and found the dead body lying near
the Canal bridge. Amar Singh identified the dead body of his brother
Ganga Ram and proceedings under Section 174 Cr.P.C. were
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 7 777
conducted and the dead body was sent for postmortem examination.
The prosecution further examined PW8 Puran Singh, who stated that
he had not seen the dead body in the Canal. PW9 Rajbir also
supported the case of the prosecution. The prosecution further
examined PW10 Dharam Pal, ASI, who had conducted the
investigation initially. In his presence, both the appellants had
suffered their respective discloure statements and recoveries were
made from them. Even, both the accused were identified by the
complainant side in his presence. He also got recovered the dead body
on 17.02.2003. The prosecution further examined PW11 Krishan
Kumar SI, who prepared the report under Section 173 Cr.P.C. and
presented the same before the trial Court. Similarly, Dr. C.C. Sharma,
appeared as PW12. He had conducted the postmortem examination on
17.02.2003 on the dead body of Ganga Ram and the relevant extract
of his testimony is reproduced below:-
“The dead body was in a decomposed state. Rigormortis
had disappeared and foul smell was coming out. The
features were disforted due to decomposition. The scalp
hair and scalp face muscles, the orbital muscle, eye balls
were missing. The skull bones were exposed. The right
hand was missing from the level of wrist joint. Left upper
extremity muscles, at places finger bones of left hand
were exposed. The muscles were missing. Left axillery
muscle abdominal muscles and pelvic muscles were
missing. Only root of penis was present. The remaining
part was missing alonowith the scortem. Muscle of right
thigh, right leg, left leg, left foot and left thigh were
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 8 888
missing. The right leg had separated at the level of knee.
Muscles from other parts were also missing. The dead
body was seedged with mud. The teeth were in socket but
were loose. Eyes, ears, mouth and lips were missing
externally. The anus was decomposed urethra was
decomposed. The body was in advanced stage of
decomposition and for that reason the injury could not
be pin pointed. EX.PJ is the postmortem report which
bears my signatures. Police made application Ex.PJ/1.
The writing Ex. PJ/2 was received from the police.
Police papers were received which were initialed by me.
The same are Ex.PG. Internal examination showed that
the brain membrane had decomposed and the brain was
liquefied into a blackish mass. Larynx and trachea were
congested. The hyoid bone was fractured. The death was
due to strangulation resulting into fracture of hyoid. The
lungs were decomposed. Particardial and heart were
decomposed. Intestines were missing. The liver, kidneys,
spleen were missing. The probable duration of death was
about 2 to 3 weeks before the date of postmortem”.
8. After the prosecution had completed the evidence, the
statements of appellants were recorded under Section 313 Cr.P.C. and
the entire incriminating evidence was put to them. Both the appellants
stated that they had been falsely involved in the present case and the
prosecution witnesses had deposed falsely.
9. Learned senior counsel appearing on behalf of the
appellants argued that the appellants had been convicted only on the
basis of the statement made by PW1 Suresh, who had allegedly “last
seen” the deceased in the company of the appellants. In fact, there
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was no evidence to suggest that Ganga Ram, since deceased, was
killed immediately after he was allegedly “last seen” in the company
of the appellants. Even, it was a case of circumstantial evidence and
there was no motive on the part of the appellants to commit the crime.
Still further, even the Maruti car, which was allegedly driven by the
deceased was found abandon and there was nothing to suggest that
the appellants had any concern with the alleged crime. Even
otherwise, the “last seen” evidence is a weak type of evidence and it
is unsafe to record a conviction, solely on the basis of such evidence.
Even, the dead body of Ganga Ram was not properly identified by
any of the witnesses and the appellants had been wrongly convicted
by the trial Court. Apart from that, even no recovery was effected
from the present appellants and it has been wrongly shown that the
clothes belonging to the deceased were retained by them. In fact, they
had no reason to keep the clothes of the deceased with themselves and
this fact alone clearly shows that the recoveries had been planted on
them.
10. On the other hand, learned State counsel has vehemently
opposed the submissions made by the learned counsel for the
appellants. Learned State counsel argued that PW1 Suresh had seen
both the appellants in the company of Ganga Ram, since deceased, in
the evening of 30.01.2003. Even, it is also apparent from the
testimony of PW5 Kartar Singh ASI that on 02.02.2003, the Maruti
car of Ganga Ram was found parked on Anandpur Road, near NHPC
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 1 1110000
Chowk, Mathura. This clearly shows that the murder had already been
taken place prior to 02.02.2003. It is also apparent from the testimony
of Dr. C.C.Sharma, PW12, who had conducted the postmortem
examination on the dead body on 17.02.2003 that the probable
duration of death was about 2/3 weeks before the postmortem. Thus,
it was apparent that both the appellants had a fight with Ganga Ram,
since deceased and after causing him injuries, he was stangulated to
death by both the appellants. Learned State counsel has further
referred to the findings recorded by the trial Court and submitted that
the impugned judgment is liable to be upheld by this Court.
11. We have heard the learned counsel for the parties and
perused the record.
12. Undoubtedly, the present case is based on circumstantial
evidence and before recording a judgment, this Court has to ensure
that the chain of circumstances is completed, which irresistibly leads
to the conclusion that both the appellants are guilty and no hypothesis
contrary to this or compatible with the innocence of the appellants
was possible. Even, the prosecution has primarily relied upon three
main circumstances to prove the guilt of both the appellants, (a) the
appellants were “last seen” in the company of the deceased in the
night of 30.01.2003, i.e., immediately before the murder (b) the
recoveries of clothes of the deceased at the instance of both the
appellants and (c) the place of committing the crime and throwing the
dead body of the deceased was duly identified by both the appellants.
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 1 1111111
13. The Hon’ble Supreme Court in the matter of SSSShhhhaaaarrrraaaadddd
BBBBiiiirrrrddddhhhhiiiicccchhhhaaaannnndddd SSSSaaaarrrrddddaaaa vvvvssss.... SSSSttttaaaatttteeee ooooffff MMMMaaaahhhhaaaarrrraaaasssshhhhttttrrrraaaa ((((1111999988884444)))) 4444 SSSSCCCCCCCC 111111116666 has
laid down the five principles, which must be borne in mind and while
appreciating the circumstantial evidence, by making the following
observations:-
“153. A close analysis of this decision would show that
the following conditions must be fulfilled before a case
against an accused can be said to be fully established:
(1) the circumstances from which the conclusion of guilt
is to be drawn should be fully established.
It may be noted here that this Court indicated that the
circumstances concerned “must or should” and not
“may be” established. There is not only a grammatical
but a legal distinction between “may be proved” and
“must be or should be proved” as was held by this Court
in SSSShhhhiiiivvvvaaaajjjjiiii SSSSaaaahhhhaaaabbbbrrrraaaaoooo BBBBoooobbbbaaaaddddeeee vvvv.... SSSSttttaaaatttteeee ooooffff MMMMaaaahhhhaaaarrrraaaasssshhhhttttrrrraaaa
[[[[((((1111999977773333)))) 2222 SSSSCCCCCCCC 777799993333 :::: 1111999977773333 SSSSCCCCCCCC ((((CCCCrrrriiii)))) 1111000033333333 :::: 1111999977773333 CCCCrrrrllll LLLLJJJJ
1111777788883333]]]] where the observations were made: [SCC para 19,
p. 807: SCC (Cri) p. 1047].
“Certainly, it is a primary principle that the accused
must be and not merely may be guilty before a court can
convict and the mental distance between ‘may be’ and
‘must be’ is long and divides vague conjectures from
sure conclusions.”
(2) the facts so established should be consistent only with
the hypothesis of the guilt of the accused, that is to say,
they should not be explainable on any other hypothesis
except that the accused is guilty,
(3) the circumstances should be of a conclusive nature
and tendency,
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 1 1112222
(4) they should exclude every possible hypothesis except
the one to be proved, and
(5) there must be a chain of evidence so complete as not
to leave any reasonable ground for the conclusion
consistent with the innocence of the accused and must
show that in all human probability the act must have
been done by the accused.
154. These five golden principles, if we may say so,
constitute the panchsheel of the proof of a case based on
circumstantial evidence”.
14. Similarly, the Hon’ble Supreme court in the matter of
UUUUmmmmeeeeddddbbbbhhhhaaaaiiii JJJJaaaaddddaaaavvvvbbbbhhhhaaaaiiii vvvvssss.... SSSSttttaaaatttteeee ooooffff GGGGuuuujjjjaaaarrrraaaatttt ((((1111999977778888)))) 1111 SSSSCCCCCCCC 222222228888 held
that in a case of circumstantial evidence, there should remain no
circumstance, which aligns with the innocence of the accused and the
following observations were made:-
“7. It is well-established that in a case resting on
circumstantial evidence all the circumstances brought
out by the prosecution, must inevitably and exclusively
point to the guilt of the accused and there should be no
circumstance which may reasonably be considered
consistent with the innocence of the accused. Even in
the case of circumstantial evidence, the Court will have
to bear in mind the cumulative effect of all the
circumstances in a given case and weigh them as an
integrated whole. Any missing link may be fatal to the
prosecution case.” (emphasis supplied) 3 (1978) 1 SCC
228.”
15. By taking into consideration the aforesaid principles of
law, we would proceed to sift and discuss the evidence putforth by the
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prosecution in the present case, to prove the charge against the
appellants. No doubt, the principle of “last seen” is a weak evidence,
but in case there is other corroborative evidence against the
appellants, it can be safely relied upon by the Courts. The doctrine of
“last seen” rests on the logical presumption that where an individual
is “last seen” alive in the close company of an accused and soon
thereafter found dead, the accused is bound to reasonably account for
the circumstances, in which they parted ways as such facts were
specifically in the knowledge of the accused. In the present case also,
Ganga Ram, since deceased, was “last seen” in the night of
30.01.2003 in the company of both the appellants by PW1 Suresh.
Even, both the appellants had taken away Ganga Ram, since
deceased, in his car lastly and in the present case also they have not
offered any explanation as to where they had got down from the car
or had parted with the company of the deceased. The appellants were
“last seen” in the company of Ganga Ram in the night of 30.01.2003
and he did not return home the same night, even though, he belonged
to the same place. Even, when both the appellants could not explain
their conduct, the matter was reported to the police vide FIR Ex.PA/1
by Hukam Chand, PW6, by levelling allegations against both the
appellants. Even, the car of Ganga Ram, since deceased, was found
abandon on 02.02.2003, which clearly shows that the offence had
already taken place prior to that. Thus, the appellants had failed to
offer any explanation about when they left the company of the
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deceased and in the absence of such an explanation and
circumstances, a reasonable interference would be possible that both
the appellants had committed homicidal death of Ganga Ram.
16. Apart from that, it has also come on record that both the
appellants were interrogated by the police on 11.02.2003. As per the
testimony of PW10 ASI Dharam Pal, Lala, appellant made a
disclosure statement that he and Irshad took liqour at Chacha Chicken
Corner and a dispute arose between Irshad and Ganga Ram, since
deceased. Ganga Ram was beaten up and thereafter he was
strangulated to death, inside the tubewell room with his own muffler.
Ganga Ram, was put by them in a car and was taken to Agra Canal
and the dead body was thrown there in the Agra Canal. Irshad also
made made similar disclosure statement. The appellants then led the
police and the witnesses to the specified places and Lala, appellant,
got recovered pant and shirt of Ganga Ram, since deceased, behind
his own tubewell, near the tubewell of Master Hari Chand. Similarly,
in pursuance of his disclosure statement, Irshad, appellant also got
recovered a lagging, sweater and shoes of Ganga Ram, since
deceased, in a room of his house. Even, all these clothes/shoes were
taken into possession by the police vide separate recoveries memos.
Both the appellants had also identified the place of abandoning the
Maruti car near NHPC Chowk and they got recovered Maruti car
bearing registration HR-29A-0077. On 13.02.2003, both the
accused/appellants identified the place, i.e., the canal in Chajju Nagar,
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where the dead body was thrown and the memo of identification
Ex.PH was prepared. He prepared the site plan Ex.PH/1. Ultimately,
the dead body was recovered in the area of Police Station Barsana
(U.P.). The statement of PW10 Dharam Pal ASI is duly corroborated
by the testimony of PW9 Rajbir, who had witnessed the memos
regarding the disclosure statement as well as the recovery from both
the appellants. Even, both the appellants had made their respective
disclosure statements regarding throwing of dead body in Agra Canal
and ultimately after great efforts, the dead body was recovered on
17.02.2003 near Barsana in U.P. Even, only both the appellants had
the exclusive knowledge of the place where the dead body of Ganga
Ram, since deceased, was dumped.
17. Even, in the present case, there was sufficient evidence
that Ganga Ram was strangulated to death. After the dead body was
recovered, PW12 Dr. C.C. Sharma, from District Hospital, Mathura,
had conducted the postmortem examination on the dead body of
Ganga Ram. As per him, the dead body was in a decomposed state.
Since, the body was in an advance stage of decomposition, the injury
could not be pin pointed and he proved on record the postmortem
report as Ex.PJ. He further stated that hyoid bone was fractured and
the death was due to strangulation, resulting into the fracture of hyoid.
Further, the probable duration of death was about 2 to 3 weeks, before
the postmortem. Consequently, it was apparent that the medical
evidence had also duly supported the case of the prosecution.
CCCCRRRRAAAA----DDDD----666655552222----DDDDBBBB ooooffff 2222000000004444 aaaannnndddd CCCCRRRRAAAA DDDD----333366666666----DDDDBBBB----2222000000005555 1 1116666
18. Even otherwise, we have carefully gone through the
findings recorded by the trial Court and find that the trial Court had
appreciated the prosecution evidence in the light of settled principle
of law. We find no illegality, irregularity or perversity in the
impugned judgment and find no reasons to differ with the trial Court.
19. Consequently, in view of the above discussion, the
judgment and order dated 12.04.2004 passed by the trial Court are
upheld and the present appeal fails and is ordered to be dismissed.
20. The appellant/accused are directed to surrender within 15
days from today, failing which, the CJM concerned shall issue non
bailable warrants against the present appellants/accused and shall
commit them to custody to serve the remaining sentence of
imprisonment.
21. All pending applications, if any, are disposed off,
accordingly.
22. The case property, if any, may be dealt with as per the
rules.
23. Records of the Court below be sent back.
24. A photocopy of this judgment be also placed on the file
of connected case.
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JJJJUUUUDDDDGGGGEEEE J JJJUUUUDDDDGGGGEEEE
14.01.2026 Whether reasoned/speaking : Yes/No
amit rana Whether reportable : Yes/No
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