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2. Appellants were, however, acquitted under section 307 IPC read with section 149 IPC.

3. Both the appeals have been heard together and are being decided by a common judgment.

4. Prosecution story, in brief, is that one Balwan Singh (PW-1) lodged an First Information Report (in short, FIR) on 26.9.2000 at P.S. Surajpur alleging that on 25.9.2000 his deceased driver Manoj and deceased conductor Devendra loaded "dust" (Kachchi Badarpur) in their dumper no. H.R. 38-D 8447 from village Pali, P.S. Ballabhgarh District Faridabad (Haryana). One Ravinder (PW-2) also boarded that vehicle along with two unknown persons. They left for village Sutyana and unloaded the 'dust' (Kachchi Badarpur) on the road and left. Thereafter they did not reach home.

5. The aforesaid report was filed against deceased driver Manoj, deceased conductor Devendra and Ravindra on 26.9.2000 as Case crime no. 91 of 2000 under section 406 IPC at Police Station Surajpur, District Gautam Buddh Nagar.

6. The aforesaid complainant Balwan Singh (PW-1) thereafter, furnished another written information (Ex.Ka.-2) to Station House Officer (in short, S.H.O.), P.S. Surajpur that two unknown persons booked his Dumper No. H.R. 38-D 8447 with deceased driver Manoj and deceased conductor Devendra who took the "dust" (Kachchi Badarpur) in the aforesaid Dumper from village Pali Crusher Zone for Lucknawali. PW-2 Ravindra also boarded this vehicle from village Anangpur District Faridabad (Haryana). At Sutyana turn, unknown companions requested the driver/conductor to unload the "dust" (Kachchi Badarpur) at D.I.G. Farm, therefore, they turned the dumper towards that road in a forest ahead of village Sutyana. Two-three additional unknown persons, apparently associates of two earlier unknown persons also boarded the dumper.

7. At this stage, 4-5 unknown persons were inside the vehicle along with deceased driver and deceased conductor. As soon as PW-2 Ravindra got down from the vehicle to open its Dala, the unknown miscreants already on damper jumped upon Ravindra PW-2 and strangulated him with a piece of cloth (Scarf/Safi). These miscreants left PW-2 Ravindra in an agricultural field assuming him to be dead. Luckily PW-2 Ravindra survived and therefore, was able to witness the subsequent events.

8. It is said that these miscreants also strangulated and killed deceased Manoj and deceased Ravindra from the same (Scarf/Safi). Their cloths were taken off and both the deceased were left only in their underwears. The miscreants took the dumper with them. It appears that this information was communicated by PW-2 Ravindra to complainant Balwan Singh (PW-1), whereupon Balwan Singh along with PW-4 Veer Singh, Jagat Singh (PW-3), Dayanand etc. went to the place of occurrence.

23. In this case, first FIR (Ex.Ka-1) was lodged by complainant Balwan Singh (PW-1) on 25.9.2000. A perusal of this FIR would reveal that Balwan Singh was not aware of fate of his dumper till the registration of FIR (Ex.Ka-1), for the simple reason that FIR, in fact, was registered against deceased driver Manoj and deceased conductor Devendra under section 406 IPC.

24. The contents of the FIR (Ex.Ka-1) clearly establish that the dumper of complainant Balwan Singh (PW-1) had been siphoned off by his driver and conductor in cahoot with PW-3 Ravindra. Contents of FIR can be summarized as follows:-