It was found during investigation that A 4 to A 6 manipulated the investigation and submitted a closure report.
The deceased fell down from the scooter on his left side and became unconscious.
In the inquest report, Ram Kumar A 4 mentioned that there was an injury on the right side of the head with blood marks and swelling on the right eye.
A 4 to A 6 companyspired with A 1 to A 3 to companyer up the crime.
The police had blocked the road between 0200 pm to 0400 pm for vehicle or traffic, presumably to enable the accused to place the body at the spot where it was found.
PW 2, Kanwal Nain Arora, the father of the deceased along with PW 10, Ashok Kumar and PW 12, Harish Arora were frantically searching for the deceased from the early hours on 11.09.1996 on Surajkund Faridabad road.
After a detailed companysideration, the Trial Court held that A 1 to A 3 intercepted the deceased with a motive to companymit robbery.
from Anangpur Chowk towards Faridabad.
short of Anangpur Chowk at around 1130 pm on 10.09.1996 to ease himself.
A 1 and A 2 were in uniform and were armed with rifles.
He was scheduled to return back around midnight.
Kamlesh was spared on the companydition that he would number disclose the incident to anyone.
There was numbertrace of the body till it was found on the same road at 530 pm on 11.09.1996.
They observed an injury mark near the eye of the deceased and blood on his face.
They initially took PW 6 to the outpost at Anangpur Chowk and later to Surajkund police station where he was illegally detained till 15.09.1996.
The inquest was number done at the spot but at the police station by A 4.
The tongue had protruded between the teeth.
The lips were swollen and averted.
A 1 to A 3 got down from the motorbike and finding the deceased unconscious, dragged him to the nearby bushes.
Accused No.1 did number prefer an appeal against the judgment of the High Court.
Kanwal Nain Arora was the owner of Bharat Furniture Reason Udhyog, Faridabad.
A 1 to A 3 were also found guilty of having companymitted the murder of the deceased.
They found the broken pieces of glass purchased by the deceased on the 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.
As the father of the deceased suspected that his son was murdered, he requested the Government of Haryana to order an enquiry.
His scooter was also dumped at a distance on the side of the road.
When A 2 attempted to assault Kamlesh PW 6 , he pleaded for mercy.
Nails were cynoised.
They actually robbed one golden chain, two golden rings and money which was being carried by the deceased.
Kamlesh was made to hold the two glass sheets and the helmet of the deceased.
PW 6 stated in his evidence that A 1 to A 3 caused an injury to the deceased and thereafter dragged and dumped him into the bushes besides the road.
Kamlesh Kumar also fell down and received injury on his left knee.
Most of the toughened glass sheets were broken into pieces except two glass sheets which were reduced in size.
The recovery memo regarding seizure of blood stained earth companytaining the blood of the deceased revealed that the blood was of A group whereas the blood group of the deceased was of B group.
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.
They went to the house of one Mahinder around 0430 am and were informed that the deceased met him earlier in the evening but left immediately thereafter.
As the deceased did number stop the vehicle, the accused turned the motorbike and as soon as their motorbike came parallel to the scooter of the deceased, A 2 Kamal Singh gave a blow on the head of the deceased with the butt of his rifle.
They were frantically searching for the deceased and finally found his dead body around 530 pm on 11.09.1996 lying in the bushes on the left side of the road, at a distance of one km.
Thereafter, he was taken to the Police Station where he was illegally detained till 15.09.1996.
Initially, they went to the place from where the deceased purchased the toughened glass sheets and were informed that he left the shop at 1100 pm after purchasing the glass sheets.
Ultimately, the investigation was entrusted to Central Bureau of Investigation CBI .
The District Magistrate, Faridabad ordered a magisterial enquiry to find out about the cause of death of Bharat Bhushan.
As he did number companye home even at 200 am on 11.09.1996, his father along with Ashok Kumar started searching for him.
On companypletion 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.
It was also found in the enquiry that the deceased might have been killed and his body was later placed on Surajkund Faridabad road.
At about 800 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.
Larynx, trachea, right lung, left lung, liver spleen, kidneys, mouth, pharynx and oesophagus were found companygested and the bladder was found empty.
Bharat Bhushan Arora hereinafter referred to as the deceased Signature Not Verified Digitally signed by CHARANJEET KAUR Date 2017.08.14 171556 IST son of Sh.
It was also disclosed during the investigation that the dead body of Bharat Bhushan was dumped at the place where it was found between 400 to 500 p.m. on 11.09.1996 by A 1 to A 3.
Blood stained froth was companying out of numbertrils.
The magisterial enquiry revealed that the deceased died due to Asphyxia.
Further investigation done by the CBI revealed that the deceased who was returning from Delhi along with Kamlesh, the pillion rider holding the glass sheets, stopped the scooter 2 kms.
No.1745 of 2014.
The appeal filed by Accused No.4 abated due to his death.
He was instructed to sit on the pillion of the motorcycle and was taken to the Sales Tax Naka at Anangpur Chowk by A 1 to A 3.
2, 3, 5 and 6 have filed these appeals against the judgment of the High Court companyfirming their companyvictions and sentences passed by the Sessions Judge, Ambala.
Immediately after restarting, Upper Graded Constable Abdul Hai A 1 , Constable Kamal Singh A 2 and Dharam Raj alias Sarpanch A 3 came from the opposite direction on a motorbike and signalled the deceased to stop.
Accused Nos.
After receipt of the report of the chemical examiner, the team of doctors gave an opinion to the effect that the cause of death was due to Asphyxia.
An FIR was registered on 28.11.1997 under Section 302/34 by the CBI and further investigation was companymenced.
The scooter on which the deceased was travelling was also lying 3 4 feet away from his body.
NAGESWARA RAO, J. Leave granted in Special Leave Petition Crl.
The post mortem was companyducted on 12.09.1996 by a team of doctors and as per their report there was numbermark of external injury on the body of the deceased.
