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2. After compliance of section 207 Cr.P.C., the case was committed to the Court of Sessions and was assigned to Ld. Predecessor of this Court.
CHARGES FRAMED AGAINST THE ACCUSED PERSONS FIR No. 305/11; U/s 302/201/120B IPC; PS Alipur D.O.D.: 08.05.2015
3. After hearing arguments on the point of charge, Ld. Predecessor of this Court was pleased to frame the charge for the offences punishable u/s 302/201/120B IPC against accused persons namely Nitin and Balwan @ Naveen vide order dated 18.12.2012 to which they pleaded not guilty and claimed trial. Vide order dated 24.02.2014, separate charge in respect of offences punishable U/s 302/201/120B IPC was again framed against accused Nitin and Balwan @ Naveen, to which said accused again pleaded not guilty and claimed trial. Charge in respect of offences punishable U/s 302/201/174A/120B IPC was framed against accused Narsi vide order dt. 20.03.14 to which said accused pleaded not guilty and claimed trial.
45. In the present case, the accused persons were charged with offences punishable U/s 302/201/120B IPC. Section 302 IPC reads as under: " 302. Punishment for Murder: Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine".
In order to appreciate the evidence available on record in the light of offence charged against the accused, it would also be appropriate to refer to the provision contained in Section 300 IPC which reads as under: Section 300 IPC Murder: Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or Secondly: If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or Thirdly: If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or Fourthly: If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury FIR No. 305/11; U/s 302/201/120B IPC; PS Alipur D.O.D.: 08.05.2015 as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.
47. Now adverting back to the facts of the present case. The circumstances as relied by prosecution in the charge sheet for proving the FIR No. 305/11; U/s 302/201/120B IPC; PS Alipur D.O.D.: 08.05.2015 offences punishable U/s 302/201/120B IPC can be summarized as under:
(i) Death of deceased Anup @ Deepak S/o Sh. Baljit Singh was homicidal in nature;
(ii) That the dead body of deceased Anup @ Deepak was found in partially burnt condition from inside bushes situated near Hamirpur Road fly over of Village Khampur, Delhi and one empty bottle having smell of kerosene /petrol was also found lying near the said dead body;
61. In the light of aforesaid discussion, Court is of the considered view that the prosecution has failed to establish the complete chain of circumstances which could connect the accused persons with the offences punishable U/s 302/201/120B IPC.
62. This brings me down to the offence punishable U/s 174A IPC against accused Narsi. As already mentioned above, accused Narsi was FIR No. 305/11; U/s 302/201/120B IPC; PS Alipur D.O.D.: 08.05.2015 declared proclaimed offender by the Court of Ld MM during the course of investigation. He is shown to have been subsequently arrested on 09.12.13 by the officials of Special Cell. It is well settled law that separate proceedings for offence U/s 174A IPC should be initiated against an accused who is declared Proclaimed Offender in another case rather than prosecuting him for the said offence in that very case wherein he is declared Proclaimed Offender. Still if any authority is required then reference with advantage can be made to the unreported decision in the matter titled as " Mohd. Jamal @ Ranjha Vs. State" decided on 23rd May, 2013 by our own High Court.