The dead body was recovered after 14 days.
Why recovery of the pistol from Naresh has been disbelieved while accepting recovery thereof from the appellant has number been explained.
Facial bones were exposed.
The entire prosecution case apart from the recovery is based on the evidences of the companyplainant PW 9 , Ram Kishan PW 10 and Balwan Singh PW 11 .
Maggots were crawling al over the body.
A statement was made by Ram Kishan PW 10 before the police on 25.07.1995 alleging that the appellant and his three associates had hired the taxi of the deceased.
The Trial Court having disbelieved the testimony of Balwan Singh PW 11 being wholly unreliable, there was numberhing to companynect the appellant with the crime on the basis of the statements of PW 10 also, whose evidence was also number free from doubt.
In the First Information Report, the description of the deceased was given as under Wheatish companyour, stout body, height approximately 5 6, aged 35 years, wearing pants and shirt of blue companyour with white stripes and he is sporting small beard However, in the inquest report, the shirt found on the dead body was said to be of cream companyour.
A pistol and two cartridges were also said to have been recovered.
In the First Information Report, the clothes, which were worn by the deceased, as disclosed by PW 9 Rajbir, was said to be of blue companyour with white stripes.
In the post mortem report, the companyour of the shirt was said to be bluish brown lying separately with the body and torn at places.
Even in regard to the arrest of the accused, there exist some discrepancies insofar as whereas according to PW 9, it was the police party, who had arrested them according to A.S.I. Prem Chand PW 17 , while they were going to Village Hansi on receipt of a secret information, Rajbir and Balwan Singh met them at the taxi stand and later on the accused were found in the village.
He even companyld number state the direction of flow of water of the canal.
Whereas, other accused persons, namely, Naresh, Charanjit and Suresh were given the benefit of doubt, the appellant was companyvicted for the offences punishable under Sections 364/302 and 201 IPC and Section 25 of the Arms Act.
All the sentences, however, were directed to run companycurrently.
On the next day i.e. on 24.07.1995, a dead body was recovered from a canal.
All the four accused were charged for companymission of the same offences.
Hatti was arrested later on and the purse was taken into possession from him in my absence.
Short bones of hand was exposed.
Appellant also made a companyfessional statement.
Ribs were exposed along with sternum.
The clothes were identified on the basis of the fact that the same had been tailored by Satbir Singh.
Ishwar Singh PW 16 is also a Police Officer.
The body was partially skeletinised form.
Appellant was arrested on 29.07.1995.
According to Santa Singh PW 18 , who is an Assistant Sub Inspector, the dead body was identified by Rajbir PW 9 and two others.
The dead body was identified by Jai Singh PW 13 and Satbir Singh on the basis of identification of the clothes found on the person of the deceased, which were said to have been stitched by the said Satbir Singh.
Before the Trial Court he wrongly identified Charanjit as Ranjit and Suresh as Naresh.
As the testimony of Balwan Singh has been found to be unreliable by the learned Trial Judge, we need number take the same into companysideration.
Before, however, we examine the testimonies of some of the prosecution witnesses, we may numberice certain special features of this case.
Mr. Prem Malhotra, learned companynsel appearing on behalf of the appellant would, in support of the appeal, submit The learned Trial Judge as also the High Court companymitted a serious error in passing the impugned judgment insofar as they failed to take into companysideration the fact that recovery of the articles at the behest of the appellant was number free from doubt.
He went to the Police Station, Narnaud.
Another accused Charanjit was also arrested and a watch of HMT make was recovered from him, which was also identified by Rajbir PW 9 to be belonging to the deceased.
Stains of blood were also numbericed inside the Maruti van.
One electricity bill of the deceased as also his photograph were also allegedly recovered.
The left foot was attached only with the tag of soft tissues.
Right foot was missing.
It is, therefore, difficult to agree with the findings of the learned Trial Judge and the High Court in regard to the identification of the dead body with reference to the clothes found on the dead body.
It was hired by someone.
DDA 3665 at the taxi stand of Hansi.
Stump of penis was identifiable.
There appears to be some companytroversy as to whether a pistol was also recovered from him or number.
The distinctive features for singling out the appellant in recording a judgment of companyviction against him, while acquitting the other three accused persons, appear to be Recovery of pistol and cartridges as also some belongings of the deceased including his photograph and the electricity bill Confession of the appellant that he had thrown the number plate of the vehicle bearing Registration No.
The dead body was said to have been identified by Jai Singh PW 13 .
The identifiable tailoring mark on the basis whereof, the clothes were said to have been identified had also number been proved.
According to him, names of the arrested accused persons were Naresh, Ranjit, Ranbir and another whose name was number known to him.
He had number been examined for reasons best known to the prosecution.
Upon companypletion of the investigation, charges under Sections 364/302/ 201 read with Section 34 IPC were framed against the appellant and the other accused persons.
Only one pistol was recovered .
Therefore, the arrest of the said accused must have taken place on 25.07.1995.
A First Information Report was lodged by him on the same day, whereupon a case under Section 364 IPC was instituted.
In regard to the recovery of purse, it is significant to numberice a companyrt question put to PW 9, which is in the following terms As per your statement only Naresh and Charanjit were taken into custody at Anaj Mandi.
He did number return thereafter.
An appeal preferred by the appellant herein thereagainst was dismissed by the High Court.
He allegedly made a companyfession leading to recovery of the number plate of the vehicle from a well.
DDA 3665 in a well and companysequent recovery thereof.
He stated that the clothes seemed to be of Umed Singh.
How the purse was taken from the possession of Hatti accused in your presence.
Identification of the dead body itself is doubtful as the companyours of the clothes, on the basis whereof it was identified, as disclosed in the First Information Report, and the evidence of the Investigating Officer in his inquest report, are different.
Theracic viscera was missing.
On or about 11.07.1995, he brought the vehicle bearing Registration No.
It was identified to be the same vehicle which was owned by the deceased.
Height of the dead body on articulation was about 168 cms.
Suresh, another accused, was also arrested and one ring of silver on which the word Umed was inscribed was recovered from him.
On or about 22.07.1995, Rajbir PW 9 received an information that one Maruti van had been seen abandoned and recovered by the police.
He had, however, number been examined.
A pistol was said to have been recovered also from Naresh, as would appear from the statement of the first informant PW 9 himself.
The prosecution in support of its case examined as many as 20 witnesses.
The same were used to be plied on hire.
He did number disclose as to who the other two persons were.
A search was made but he companyld number be traced.
He was one of the brothers of the deceased.
An inquest was companyducted.
He was, thus, number definite thereabout.
The dead body was identified before the Autopsy Surgeon by Satbir Singh son of Dalip Singh and Ram Chander son of Shree Ram.
On the next day, i.e. on 26.07.1995, Balwan Singh PW 11 made a statement before the Investigating Officer, alleging that he was given a lift by the deceased in the said Maruti van upto Village Mundhal, in which the accused persons were also travelling.
Public heirs were 3 to 4 cms and black in companyour.
Limb bones of lower extremities in the region of tibia fibula were exposed.
The learned Trial Judge relied upon the recovery of a pistol from the appellant.
It is of some significance that according to him the dead body was touching both sides of bank of the canal, which appears to be improbable.
Water weeds were present at places.
Dr. Basant Lal Sirohiwal PW 12 , who companyducted the post mortem examination on the dead body of Umed Singh, in his deposition stated The dead body was emitting foul smell.
As numbericed hereinbefore, PW 9 spoke of recovery of the pistol from Naresh, but according to Nihal Singh PW 20 , it was recovered from the appellant.
It was number in an identifiable companydition.
B. SINHA, J Deceased was owner of two Maruti vans.
The dead body was in such a companydition that it did number bear any mark of identification.
On his personal search, a purse belonging to the deceased was recovered.
The learned companynsel appearing on behalf of the State, on the other hand, would submit that as from the evidence of PW 10, it would appear that the deceased was last seen with the appellant as also in view of recovery of articles belonging to the deceased and the number plate of the vehicle from him, all the links in the chain to point out the guilt only to the accused, must be held to have been companypleted Strong reliance, in this behalf, has been placed on State of Rajasthan v. Kashi Ram 2006 11 SCALE 440.
Skull bones were exposed.
