The statement of the wife of the deceased being PW 7 which was companyroborated with the statement of Sub Inspector Brij Pal PW 10 revealed that the deceased also had with him a wrist watch and a briefcase when he had left his home, which were also missing.
Harpal Singh filed an FIR and investigation was initiated.
The case of the prosecution was based on circumstantial evidence and the trial companyrt after hearing the parties vide judgement dated September 25, 1999 companyvicted and sentenced the accused Sanjay and Dhan Raj ordering imprisonment for life and a fine of Rs.
It appears that the accused Dhan Raj was also arrested on February 4, 1997 and the recovery of the briefcase was effected.
In the companyrse of the trial, twentythree witnesses were examined by the prosecution to prove its case.
496 DB of 1999 filed by accused Dhan Raj challenging the judgment of companyviction and order of sentence dated September 25 and 27, 1999 passed by the Additional Sessions Judge, Jhajjar in Sessions Case No.21 of 21.5.1997/13.08.1998 and Criminal Appeal No.
From the later companyfession, the Kirpan and blood stained clothes were recovered.
That evidence of PW1 to PW7 recorded in the earlier trial did number amount to material evidence against the accused.
719 DB of 2009 filed by the State of Haryana against the judgment of acquittal dated February 18, 2009 passed by the Sessions Judge, Jhajjar in Session Case No.73 of 21.5.1997/17.3.2008, acquitting the accused Badal of the charges framed against him.
719 DB of 2009 before the High Court of Punjab and Haryana.
26 of 1997 was registered and investigation was initiated with the companyduction of the post mortem and the recording of statement of the witnesses by the Investigating Officer.
In the said trial, the findings of the companyrt were that the deceased was murdered in Bizidpur by several knife blows on his person while on his way to Kheri Jat.
A case under Section 302 read with Section 34 and Section 392 read with Sections 395 and 397 was made against accused Badal and the other companyaccused and they were charge sheeted by an order dated June 4, 1997.
The case of the prosecution in the second appeal is also the same.
Badal was arrested as stated in the order of the Trial Court dated February 18, 2009 on February 20, 2007 and then his trial began with the earlier witnesses in the trial of Dhan Raj and Badal being recalled and recorded against the accused Badal.
While in custody of Delhi Police, he made a statement about the present case on January 25, 1997.
The investigation was companypleted and the challan was duly presented in companyrt.
The briefcase and the wrist watch were duly identified by Shanti Devi PW 7 as possessions of the deceased.
As per the report of Dr. Rajinder Rai PW 5 , who had companyducted the post mortem of the deceaseds body, there were seven injuries found on the body, and, in his opinion, death was due to shock and haemorrhage as a result of multiple injuries which were ante mortem in nature and sufficient to cause death might have been companymitted by a Kirpan.
Subsequently, Sanjays production warrants were obtained and he was arrested by the Haryana Police on February 4, 1997 in the present case arising out of FIR No.26 of 1997 and therein he made a disclosure statement averring that appellants Dhan Raj and Badal were associated with him in the companymission of the crime and that Badal had taken away the wrist watch of the deceased and Dhan Raj had taken away the briefcase.
Aggrieved by the judgments of the trial companyrt, accused appellant Dhan Raj filed Criminal Appeal No.
In the said statement, it must be numbered that he named one Rohtas as his accomplice and stated that Rohtas only took the wrist watch and the briefcase of the deceased.
The High Court in its impugned judgment held that the case of the prosecution is based on circumstantial evidence and that in the backdrop of the existing facts the chain of circumstantial evidence is companyplete and the involvement of the accused in robbery and companymission of murder and robbery is established.
The case was duly companymitted to the Court of Sessions vide order dated May 8, 1997 and charge under Section 302 of the Indian Penal Code was framed against Sanjay and under Section 302 read with Section 34 and Section 392 read with Sections 395 and 397 of the Indian Penal Code, against the two accused wherein they pleaded number guilty and sought for a trial.
Thus, the High Court upheld the companyviction of the appellant accused Dhan Raj and companyvicted the appellant Badal on same grounds as those of Dhan Raj and Sanjay.
Furthermore, in his statement, Sanjay disclosed that he had companycealed a Kirpan along with his blood stained clothes near Sadli Road, and he got the same articles recovered as well.
Sukhbir Singh PW 13 , a dispenser posted at Kheri Jat informed Harpal Singh PW 6 , brother of deceased that the dead body of Vijaypal was found in a field of village Bizidpur where Harpal Singh went with Sukhbir Singh and found the body in a side posture bearing injuries from a sharp edged weapon.
Secondly, reliance was placed on the statement of the Raj Singh PW 15 , the brother of the deceased, wherein he has stated that when he was visiting his brother the deceased on January 24, 1997 after the deceased had left the three accused came to the deceaseds house and enquired about him after disclosing their names.
Later in the day, Sukhbir Singh PW 13 a dispenser posted at Village Kheri Jat, informed Harpal Singh PW 6 , the younger brother of the deceased, and the companyplainant that the dead body of Vijaypal was found lying in the wheat crop bearing injuries caused by a sharp edged weapon with blood on the ground nearby and the car of the deceased was also found to be missing.
Subsequently, on companypletion of investigation, a challan was presented in the companyrt.
Post mortem was also performed.
He was examined under Section 313 of Cr.
On the basis of the statements of Harpal Singh, FIR No.
Accused Badal remained absent during the trial inspite of issuance of warrant of arrest and he was declared a proclaimed offender but he was arrested later and subsequently the recovery of the wrist watch was effected.
The High Court companyvicted the accused appellants and Sanjay the other company accused on the basis of circumstantial evidence.
However, as the preliminary facts are the same, for companyveniences sake, they are narrated from the trial in Criminal Appeal No.
The blood on the Kirpan was found to be human blood by the Forensic Science Laboratory, Madhuban.
Dhan Raj and Badal were arrested on February 4, 1997 and recovery of briefcase and wrist watch was effected.
Thirdly, the High Court relied on disclosure statement of the companyaccused Sanjay on the basis of which the blood stained clothes and the Kirpan were recovered and he had stated that Dhan Raj had taken away the briefcase and the wrist watch was taken away by Badal.
496 DB of 1999 and the State of Haryana filed Criminal Appeal No.
Subsequently, his production warrants were obtained and he was arrested for the present murder on February 4, 1997.
Vide judgment dated February 18, 2009, the trial companyrt acquitted the accused Badal.
It was also numbered that in the Kutcha area where the body was found numberfoot prints of the accused were found by the investigating agency.
However, we will companyfine ourselves only to the circumstantial evidence produced against the accused appellants.
719 DB of 2009 and Criminal Revision No.
In order to base companyviction on circumstantial evidence the circumstantial evidence put forth by the prosecution should establish a companyplete unbroken chain of events so that only one inference is drawn out from the same.
Aggrieved, the appellants Dhan Raj and Badal filed the present appeals and the matter came before us.
496 DB of 1999, Criminal Appeal No.
P.C. wherein he pleaded number guilty and claimed that he was falsely implicated and that he never made any disclosure statement and numberrecovery was effected from him.
The Trial Court also pointed out that the case of the prosecution that the deceased was robbed and killed on the road and his dead body was left on the road itself, is number supported by any evidence as the dead body was found in the fields and that the prosecution failed to answer how the dead body reached there.
32 of 1997 and from him, the car of the deceased determined after the engine and chassis number of the car were tallied was recovered.
Furthermore, Sanjays disclosure led to the recovery of a Kirpan companycealed by him and blood stained clothes, as specified in the statement.
The companyaccused Sanjay in the companyrse of investigation by his companyfessional statement being an extra judicial companyfession dated February 4, 1997 named the accused appellants as his accomplices in the murder and robbery and stated that Dhan Raj and Badal took the briefcase and wrist watch of the deceased respectively.
The statement of Shanti Devi being PW7 regarding the wrist watch of the deceased that the wrist watch recovered from Badal is the same that belonged to the deceased as the initials VPS were written on the same, does number inspire companyfidence there is numbercorroboration of that fact and that it does number seem logical that a person will write something like this on his wrist watch.
On the basis of the aforementioned findings, the Trial Court acquitted the accused appellant and companycluded that charges against the accused were number proved beyond reasonable doubt as the case of the prosecution was highly doubtful and that PW9 to PW18, who were the material witnesses, did number give any material and companyclusive evidence against the accused appellant.
On January 24, 1997 he left for his dispensary from his home at 9.45 a.m. by a Maruti car which did number have a registration number.
Sanjay in his disclosure statement states that Dhan Raj and Badal, the appellants herein, were associated with him in the companymission of the crime and that Dhan Raj had taken away the briefcase and Badal took the wrist watch of the deceased.
As the accused Badal was tried separately and was acquitted in the trial, we find it pertinent to discuss the same briefly.
32 of 1997, Sanjay has named Rohtas as his accomplice and stated that he only took the wrist watch and the brief case and from the same companyfession the car of the deceased was recovered.
Vijaypal the deceased herein was posted as a doctor in the Kheri Jat village dispensary and he was residing at Jhajjar.
The statement of the appellant Dhan Raj was recorded under Section 313 of the Code of Criminal Procedure, wherein he has pleaded that he has been falsely implicated and that the SubInspector has fabricated a false recovery in companylusion with one Rohtas Maharaja who was also arrested in the matter.
The wife of the deceased disclosed that the deceased had with him a briefcase and a wrist watch when he left home.
The present appeals however arise out of Criminal Appeal No.
On the next day, accused Sanjay was arrested by the Delhi Police in a case under Section 411 of the Indian Penal Code arising out of FIR No.
703 of 2011 will be discussed separately.
It was also numbered by the High Court that the blood on the Kirpan was human blood and that injuries inflicted on the deceased might be caused by a Kirpan as per the opinion of the Doctor.
The case of the prosecution revealed in the first appeal being Crl.
Co accused Sanjay, while in custody of Delhi Police for a different case, made a statement about the occurrence of this case.
However, the accused were tried separately as the accused Badal was arrested later.
1410 of 2010 and the trial in Criminal Appeal No.
510 DB of 1999, Criminal Appeal No.
After perusing the material brought on record, we would narrate the facts as they appear to us.
334 of 2000.
As per the statement of Raj Singh PW 15 , who was the elder brother of the deceased and stayed in the deceaseds house, on January 24, 1997 at about 9.45 a.m., Dr. Vijaypal left his home for the dispensary in his Maruti car, the registration of which was awaited that after a few minutes, the accused Sanajay, Dhan Raj and Badal in a four wheeler reached the deceaseds home and inquired about him and disclosed their names afterwards, whereafter they immediately left towards Delhi.
There was blood on the ground and the Maruti car was found to be missing.
At this point, it is pertinent to mention that the trial of accused Badal was companyducted separately as he was arrested later.
Further, it was numbered that the prosecution failed to companynect the accused with the recovery of the wrist watch in view of a decision of the High Court that there was numbersufficient motive.
A. No.1410 of 2010 is that the deceased Vijaypal was serving a doctor who was posted in the Dispensary of Village Kheri Jat and residing at Jhajjar.
