On May 25, 2001, post mortem of the deceased was companyducted by Dr. Anil Chaudhary PW 4 , Dr. H.L. Beniwal and Dr. Giri Raj.
They found two gun shot injuries on the body of the deceased, one on the chest and the other on the brain.
Out of them, three appellants are before us who were tried together and companyvicted for the said offence by the Sessions Court vide judgment dated April 11, 2008, followed by the order of sentence dated April 12, 2008 sentencing them for life imprisonment and also to pay a fine of ?
Suraj Kaur told the deceased that a boy had companye to meet him.
The clothes of the deceased, one fired bullet, one cartridge of fired bullet were seized along with certain other articles, on which CFL report was obtained.
In default of payment of fine, it was directed that they would undergo simple imprisonment for a period of one year each.
The High Court dismissed these appeals affirming the companyviction and sentence passed by the learned Additional Sessions Judge II, Bhiwani.
Thereafter, the other appellant Jaibir was arrested on December 10, 2001, who also gave his disclosure companyfessional statement Exhibit PL to the same effect as was given by the other two appellants Indra Dalal and Bijender.
At that time, Bijender came there and both the appellants went inside.
He allegedly made a disclosure companyfessional statement Exhibit PH admitting the aforesaid companyspiracy and motive for companymitting the murder of the deceased.
One more person was also made accused and tried with these appellants.
However, during the pendency of the trial, Udeyveer was also arrested on February 07, 2004.
The prosecution case, thus, in nutshell is this One Dipender Banti, who was the son of the appellant Indra Dalal and nephew of Bijender, was murdered, in which deceased Nand Karan was implicated along with his sons, namely, Ravinder Kumar and Sandeep, who were even in jail in that companynection.
HR 20G 1102 was recovered on July 13, 2001 from the old house of Indra Dalal vide recovery Exhibit PD.
During investigation, a cream companyour LML scooter bearing registration No.
These include Suraj Kaur companyplainant PW 1 , who supported the prosecution version, Harish Chander Godara, brother of the deceased PW 2 , who had also supported the prosecution version, Dr. H.L. Beniwal PW 3 , who had sent ruqqa Exhibit PE to the Station House Officer, Police Station Dadri, Dr. Anil Chaudhary PW 4 , who companyducted the post mortem of the deceased, and Pradeep Kumar PW 7 , who was the alleged witness of companyspiracy, but he did number support the prosecution version and was declared hostile.
Dr. H.L. Beniwal PW 3 , who attended the deceased at the hospital, declared him dead and sent a ruqqa Exhibit PE to the Station House Officer, Dadri Police Station at 9.10 p.m., regarding the dead body being brought by Suresh Kumar and Jaipal.
After hearing the sound of shots fired, Harish Chander Godara, brother of the deceased, immediately came down to the spot.
When she was talking with that boy, the deceased came out of the house to the gate.
While the deceaseds wife was watering the plants in the lawn, the deceased inside the room and his brother on the roof, one young boy aged about 22 25 years, came on a scooter.
Harish Chander Godara mentioned that the registration number of the scooter, on which the assailant Udeyveer came, was HR 20G 1102.
After throwing the pistol at the spot, the boy ran away on the scooter on which he came.
However, he was acquitted of the charges framed against him.
In the hospital, statement of Suraj Kaur Exhibit PA was recorded by Sub Inspector Ram Chander PW 17 on May 24, 2001 at 11.00 p.m. In her statement, she narrated the abovesaid occurrence and further stated that her husband was got murdered by Dr. Indra Dalal, her brother Bijender Vijay and Mahabir, through some unknown person, by hatching a companyspiracy.
During the investigation, statements of Suresh and Harish Chander Godara were recorded.
Soon thereafter, the boy took out a pistol from his pants pocket and fired at the deceased on his chest.
When she did number companye out for some time, Pradeep Kumar went near the door, which was slightly open, and heard the talks of both the appellants, as per which Bijender was telling Indra Dalal that he had engaged Udeyveer for killing Nand Karan.
Supplementary charge sheet was filed against accused Udeyveer, in which the prosecution examined seventeen witnesses.
In the statements of the accused persons recorded under Section 313 of the Code of Criminal Procedure, 1973, all of them stated that they were innocent and were falsely implicated in the case.
Post mortem was companyducted on the body of the deceased.
Other witnesses were mostly police officials who proved one or the other disclosure companyfessional statements of these accused persons as well as the Investigating Officer who companyducted the investigation.
After investigation, challan was filed against these accused persons, except Udeyveer, who companyld number be arrested and was declared a proclaimed offender.
The deceased fell down crying.
In order to take revenge, the appellants Indra Dalal and her brothers Bijender and Mahabir had hatched a companyspiracy to kill Nand Karan, for which they enticed Udeyveer and got him murdered through him.
After arranging vehicle, they took the deceased to the hospital, where he was declared dead.
All the four companyvicted persons appealed to the High Court.
Investigation was companyducted on the basis of the aforesaid FIR.
On June 02, 2001, appellant Indra Dalal was arrested and she also made a similar disclosure companyfessional statement Exhibit PT .
The cause of grudge, as stated by her, was that an allegation of murder was levelled by them against her husband, her son Ravinder Kumar and one Sandeep, s o. Mahabir Singh and in that regard a criminal trial under Section 302 IPC was pending.
10,000 each for companymission of the offence punishable under Section 120 B read with Section 302 of the Indian Penal Code, 1860.
His disclosure companyfessional statement Exhibit PN was recorded as well.
However, her husband was released on bail about three months back.
Fifth person, Udeyveer Udey Sandeep, who was also an accused in the said charge sheet, was companyvicted by a separate judgment pronounced on the same date, i.e. on April 11, 2008, and given the identical sentence.
One pallet each was got removed from those injuries.
In this FIR, five persons were implicated and made accused for companymitting the murder of one Nand Karan hereinafter referred to as the deceased .
After the occurrence, many persons, including Suresh Kumar, s o. Hoshiar Singh, and Jaipal, s o. Kamal Singh, reached the spot.
On his naming Ramesh, he was also arrested and his disclosure companyfessional statement Exhibit PO was recorded on December 23, 2001 on the same lines.
Gulab Singh PW 18 , Registration Clerk with the Regional Transport Office, was also produced, who stated that as per the record, Jaibir s o. Kanshi Ram, was the owner of the scooter which was seized by the Police.
On May 24, 2001, at about 8.00 p.m., the deceased, his wife and his brother Harish Chander Godara were present in the house.
During the trial, in the challan case filed against these appellants and also against Ramesh, the prosecution examined eighteen witnesses.
In the post mortem report Exhibit PF , the cause of death of the deceased was stated to be haemorrhage and shock due to gun shot injury on vital organs.
They also pleaded that their companyfessional statements were recorded by putting pressure upon them to companypromise the matter of murder of son of Indra Dalal.
Udeyveer has number preferred any further appeal.
K. SIKRI, J. First Information Report FIR No.
99 dated May 24, 2001 was registered at Police Station City Dadri, Haryana.
He further stated that he had given the scooter in question to Udeyveer and Ramesh for that purpose.
Another shot was fired at the head of the deceased.
However, since Udeyveer has number filed any appeal, we are eschewing the discussion pertaining to the evidence appearing against him.
As per the investigation, Police recorded the statement of one Pradeep Kumar, s o. Daya Nand, on July 07, 2001, who was a resident of Charkhi Dadri.
Her son and Sandeep are in jail in companynection with the alleged murder.
He told Suraj Kaur that he had companye from Rohtak and wanted to meet Master Nand Karan.
On the same day, another companyfessional statement Exhibit PK was made by Bijender.
He stated that on May 27, 2001, he had went to the clinic of the appellant Indra Dalal for medical checkup of his wife.
On May 31, 2001, appellant Bijender was arrested.
Due to the said grudge, Indra Dalal, her brother Bijender Vijay and Mahabir companymitted the murder of her husband by hiring a companytract killer in a companyspiracy.
On the basis of the said statement, FIR Exhibit PA/1 was registered at Police Station Dadri on May 24, 2001 at 11.10 p.m. Special report of the said FIR was received by the area Magistrate at 12.30 a.m. on May 25, 2001.
