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2. Briefly, the prosecution story may be thus stated. The two accused are residents of Panipat (Haryana). In the month of July, 1997 accused-Yash Pal was a partner of the firm Messrs. Bhagwati Yarn Traders of Panipat. Accused-Rajesh Sharma in those days was residing in Model Town, Panipat. One Shiv Kumar, aged about 20 to 22 years, was working as a Salesman with the Panipat branch of Dinesh Textile Mills of Amritsar. He was residing with his maternal uncle. P.W. 4 Suresh Goyal at Panipat.

3. The abovesaid Siv Kumar left his shop in the afternoon of 21-7-1997 on his scooter. He did not go to his house for lunch. He went to the shop of P.W. 10 Gulshan Kumar, a mechanic, for the repair of his scooter. After leaving the scooter with such mechanic for repair, he left assuring the mechanic that he would come to collect the scooter in the evening. He, however, did not return to take back his scooter. P.W. 10 Gulshan Kumar, therefore, sent the scooter to the shop of Shiv Kumar on the same evening. When P.W. 4 Suresh Goyal came to know about the non-return of Shiv Kumar, he carried out a search for him and having failed to trace him out, he lodged a report with the police on 22-7-1997 at Police Post, Killa Panipat about Shiv Kumar being missing.

8. Since the dead body was of an unidentified person, on the basis of the bill Ex. P46 recovered from the pocket of the deceased, information was sent to Police Station, Panipat regarding the recovery of the dead body near Kanlog. The Panipat police in turn informed about the report regarding a missing person and that relations of such missing person would be reaching for identifying the dead body. P.W. 4 Suresh Goyal accompanied by some other relations reached Sarahan on 24-7-1997 and he identified the dead body to be that of his nephew Shiv Kumar.

(iii) The two accused were in close proximity with the deceased-Shiv Kumar for few days before his death;
(iv) The two accused had taken the deceased-Shiv Kumar from Panipat to Haridwar and then to Mussoorie on 17-7-1997 and had returned from there on 19-7-1997;
(v) Accused-Yash Pal was found missing from his shop Messrs. Bhagwati Yarn Traders, Panipat from the afternoon of 17-7-1997 to 22-7-1997;
(vi) The two accused had taken the deceased-Shiv Kumar towards Himachal Pradesh in Fiat Car No. HP-17-1597 belonging to the father of the accused-Rajesh Sharma on the afternoon of 21-7-1997 when the deceased-Shiv Kumar was last seen alive at Panipat in the company of the two accused;

59. The prosecution case is that having failed to trace out the whereabouts of the deceased, P.W. 4 Suresh Goyal had lodged a report with the police at Panipat regarding the deceased being missing.

60. The prosecution case further is that after the recovery of the dead body on the basis of the bill Ex. P-46 information was given to Panipat police by P.W. 32 Sub-Inspector Kaur Chand regarding the recovery of a dead body of an unidentified person in the area of Kanlog. P.W. 32 was then informed by Panipat police that there was a report about a missing person with them and that relations of such missing person would be reaching soon for identifying the dead body. P.W. 4 Suresh Goyal and certain others then went to Sarahan to identify the dead body. P.W. 4 Suresh Goyal has stated in this regard as follows :-