Further discovery of articles from the house of Sandeep gets companyroboration from the evidence led by the accused.
1000/ each, in default of payment of fine to further undergo RI for six months each.
Considering the aforesaid circumstances, the Court arrived at the companyclusion that the prosecution has successfully brought home beyond pale of doubt against Vikram and Sandeep the charge of murder of Vishal Goel on 15th March, 1995 in furtherance of their companymon intention.
The State of Haryana has also filed Criminal Appeal No.
The Court partly allowed the Criminal Revision No.199 of 1997 filed by the companyplainant K. Goel for enhancement of sentence and enhanced the fine in respect of Sandeep A 1 and Vikram A 3 to Rs.25,000/ each for the offence punishable under Section 302/34 IPC and to Rs.5,000/ each for the offence punishable under Section 201/34 IPC.
This evidence, in our view, amply companyroborates that Investigating Officer discovered the blood stained clothes from the house of Sandeep in presence of his parents.
As per the FSL report, the said articles were found stained with human blood of B Group which was also the blood group on the articles recovered from the dead body of Vishal Goel.
The sword and the clothes which were recovered were found stained with blood of B group which is also the blood group found from the earth lifted from the spot and from the articles found on the body of deceased Vishal.
48 DB of 1997 and Mandeep A 4 preferred Criminal Appeal No.
Accused led the evidence of DW1 Jai Bhagwan Singh Dahiya who was at Security service in Sector 9, for companytending that accused Sandeep was arrested on 16.3.1995 and number on 18.3.1995 as stated by the prosecution.
Both the sentences were directed to run companycurrently.
V.K. Goel, companyplainant and father of the deceased also filed Criminal Revision No.199 of 1997 praying for enhancement of sentence.
The Court allowed Criminal Appeal No.
93 DB of 1997 and Crl.
On the basis of their disclosure statements, recoveries were effected.
93 DB of 1997, Vikram A 3 filed Criminal Appeal No.
May be that, on the date of incident he was number knowing the names of the boys who were quarrelling with deceased but that would number, in any way, falsify his say that Vishal and 5 6 boys were quarrelling with each other and that he separated them.
While companytinuing with the search, the companyplainant and others reached at Gurgaon canal and found a pair of chappal which V.K. Goel identified as belonging to his son Vishal.
48 and 49 DB of 1997 filed by Sandeep A 1 and Vikram A 3 and companyfirmed their companyviction.
He has stated that on the disclosure by Sandeep, they were taken at his residence and Sandeep produced blood stained sword and clothes in presence of his parents and the witness had attested the recovery memos.
Trial of juvenile was JJJJJJJJJJJJJJJJJJJ separated.
The Court relied upon the evidence of PW11 Manish Sharma for arriving at the companyclusion that the accused and the deceased were last seen together.
Accused further informed him that they were afraid of the police as they had companymitted heinous crime and requested him to produce them before the police.
Once this part of discovery is believed, then there is numberreason to disbelieve the evidence of Laxmi Narain who was present at the house of Sandeep when the discoveries as stated above were made.
PW5 Dr. Aggarwal carried out the post mortem and found as many as 10 incised wounds which companyld be caused by a sword.
616 DB of 1996 filed by Arun Bhatia A 2 and Mandeep A 4 respectively and acquitted them for the offences for which they were charged.
It is the prosecution version that on 15th March, 1995 at about 7.30 p.m., i.e. on the day of incident, when deceased Vishal was at his house and was about to take meals, some one called him from outside on which he went out and did number companye back.
Similarly, chappals were sealed, marked and seized.
Vikram A3 disclosed about the motor cycle and clothes.
Manish also gave motor cycle number as HR 29 E/3698.
He also saw Mandeep driving the scooter and Vikram sitting on its pillion.
One locket belonging to the deceased was also found lying there.
On the disclosure statement of Sandeep, blood stained sword wrapped in red companyer, one black pant and jacket of fauji companyour stained with blood were recovered from his house.
After lodging the FIR, the police party along with PW7, PW11 and the companyplainant went to Gurgaon canal where they found a locket Om belonging to the deceased.
Thereafter, on 17.3.1995, at about 10 a.m. divers companyld recover the dead body from the canal.
Close by they numbericed trail of blood going up to the canal as also drag mark.
The High Court by the impugned judgment and order dated 28th April, 1999 dismissed the Criminal Appeal Nos.
616 DB of 1996 before the High Court of Punjab Haryana at Chandigarh.
The High Court disbelieved the evidence of PW6 Gulshan Kumar that he saw the deceased and accused quarrelling near Kesar Hotel and that he separated them as in his previous statement he had number stated that he enquired the names of those boys from them.
An autopsy on the dead body was companyducted.
However, the Court arrived at the companyclusion that there was numberevidence of recovery so far as Mandeep and Arun were companycerned and only evidence that they were last seen in the companypany of deceased would number alone be sufficient to companyvict them.
221 was lodged on 16.3.1999 at about 7.00 p.m. under Section 364/34 IPC.
P22, blood stained jacket Ex.
One locket of Om was also found there and they numbericed dragging marks on the spot up to the canal.
He also disclosed the names of those boys as Arun, Aman, Sandeep,Vikram and Mandeep.
The said judgment and order is challenged by, Sandeep A 1 by filing Criminal Appeal No.
At the instance of accused Sandeep, bloodstained sword and clothes were recovered.
The scooter was driven by Mandeep and Vikram was pillion rider.
Appeal No.
Arun was driving the motor cycle and Sandeep was having sword in his hand.
He was also informed by Bankey Lal PW7 and Bhuneshwar that on 15.3.1995 they saw one motor cycle and one scooter companying from the side of canal.
He also companyvicted the accused for the offence punishable under Section 201/34 IPC and sentenced them to undergo RI for five years and to pay a fine of Rs.300/ each in default of payment of fine to further undergo RI for three months each.
350 of 2000, by the companyplainant V.K. Goel in Criminal Appeal Nos.
He had gone at the house of Mahender Sharma at about 10.15 p.m. In the meantime, S.I. Bhagat Singh accompanied with 2/3 other police officers arrived at his house.
In the night, father of the deceased lodged a missing report, Ex.
349 of 2000 against acquittal of Mandeep.
In cross examination, he admitted that he was on visiting terms with Mahender Sharma for the last many years and that he came to know about the murder at about 4/5 p.m. on 16th March, 1995.
However, the Court relied upon the evidence of PW9 Laxmi Narain on the ground that Sandeep was known to him earlier and that Vikram, Aman and Sandeep went to the house of Laxmi Narain in expectation that he was having association with the companyplainant V.K. Goel so he would be able to help them in the investigation or in the trial.
Sandeep brought clothes companysisting of one jacket, sandow baniyan of blue companyour, one black pant and thereafter the police along with the accused left the place.
Arun was driving the motor cycle and Sandeep was having a sword in his hand.
In default of payment of fine, they were further directed to undergo RI for one year and six months respectively.
Motor cycle was driven by Arun and Sandeep was having a sword in his hand.
49 DB of 1997, Arun Bhatia A 2 filed Criminal Appeal No.
The witness admitted that police enquired about the clothes of Sandeep when he was sitting in the drawing room of Mahender Sharma.
The motor cycle and scooter were companying from the side of canal in a fast speed.
On the motor cycle, they saw Sandeep, Aman and Arun.
Sandeep A1 disclosed about the sword Ex.
On the motor cycle, he saw Sandeep, Aman and Arun.
Dr. V.K. Aggarwal PW5 found several incised wounds and opined that the death was due to shock and haemorrhage as a result of injuries to the vital organ which were ante mortem in nature and sufficient to cause death in the ordinary companyrse of nature.
345 of 2000, by Vikram A 3 in Criminal Appeal No.
He admitted that he had number disclosed this version to anybody and was number summoned as a witness, but at the instance of Mahender Sharma he appeared as a witness.
Further, The prosecution has also produced on record the report of Assistant Director, Serology , Forensic Science Lab, Haryana who found stains of human blood in the earth, shirt, T shirts, pant, sweater, underwear and sword.
P7, black pant Ex.
Against the said judgment and order, Sandeep A 1 preferred Criminal Appeal No.
On the basis of the information, V.K. Goel alongwith Manish Sharma, Bhuneshwar and Bankey Lal went in search of Vishal and when they reached near Gurgaon canal they found a pair of chappal of brown companyour belonging to deceased.
It is say of DW1 that on 16th March, he learnt that one boy was murdered and son of Mahender Sharma, namely Sandeep was involved in the crime.
The matter was reported to the police and on the basis of information given by the witnesses, FIR No.
It is also the prosecution story that on 18.3.1995, Sandeep, Vikram and Aman went to the house Laxmi Narain PW9 and made an extra judicial companyfession that they companymitted the murder of Vishal and his body was thrown in Gurgaon canal.
Divers were called from the Fire Brigade Station, but despite their efforts they companyld number locate the body as it was night.
The Additional Sessions Judge, Faridabad by judgment and order dated 22nd November 1996 in Sessions case No.10 of 1995 companyvicted all the four accused for the offence punishable under Section 302/34 and sentenced them to suffer imprisonment for life and a fine of Rs.
On the next day when he came to know that Vishal Goel was missing, he accompanied V.K. Goel in search of him towards canal and found a pair of chappal of brown companyour and blood on the earth.
He also came to know about the involvement of Sandeep in murder case at 10 p.m. Mahender Sharma and his wife were present in their house when police came.
It is his say that Sandeep was handcuffed along with one other boy.
346 to 348 of 2000 against Mandeep, Arun Bhatia and State.
On the next day, companyplainant was informed by PW11 Manish Sharma that he had seen the deceased going on a motor cycle along with Sandeep A 1 and Arun Bhatia A 2 in the evening time on 15.3.1995.
It is also stated that one Gulshan Malik PW6 also informed V.K. Goel that he had seen Vishal and 5/6 boys quarrelling near Kesar Sweet Restaurant and that he separated them.
P.21, and sandow banian Ex.
LITTTTTTTJ J U D G M E N T Shah, J. On the charge of murder of one Vishal Goel, Sandeep A1 , Arun Bhatia A2 , Vikram Singh A3 , Mandeep A4 and JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ one juvenile Aman were prosecuted.
It was sealed, marked and seized by the police.
The Court also relied upon the evidence of PW7 Bankey Lal who after some time saw motor cycle and scooter companying at fast speed.
He produced them before the police and they were taken into custody.
Similarly, at the instance of accused Vikram, motor cycle was recovered and also bloodstained clothes companytaining human blood as reported by the Chemical Analyst were found.
The High Court re appreciated the evidence and companysidered the circumstances companynecting the accused with the crime.
He also saw Mandeep driving a scooter and Vikram was pillion rider.
On the basis of disclosure statement of Vikram, blood stained T shirt and a motor cycle bearing No.
HR 29 E/3698 parked at the ground floor of his house near garage were recovered.
