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6. In the Hospital, statement of Smt. Suraj Kaur (Ex.PA) was recorded by SI Ram Chander (PW.17) on 24.5.2001 at 11.00 P.M. In her statement, she narrated the abovesaid occurrence and further stated that her husband Nand Karan was got murdered by Dr. Indra Dalal, her brother Bijender alias Vijay and Mahabir, through some unknown person, by hatching a conspiracy. The cause of grudge, as stated by her, was that an allegation of murder was levelled by them against her husband Nand Karan, son Ravinder Kumar and one Sandeep son of Mahabir Singh and in that regard, a criminal trial under Section 302 IPC was pending. Her son Ravinder Kumar and Sandeep are in jail in connection with the alleged murder. However, her husband Nand Karan was released on bail about three months back. Due to the said grudge, Indra Dalal, her brother Bijender alias Vijay and Mahabir got committed the murder of her husband Nand Karan by hiring contract killer in a conspiracy. On the basis of the said statement, FIR Ex.PA/1 was registered at Police Station Dadri on 24.5.2001 at 11.10 P.M. Special report of the said FIR was received by the Illaqa Magistrate at 12.30 A.M. on 25.5.2001.

19. On the other hand, Shri Partap Singh, Senior Deputy Advocate General, Haryana, appearing on behalf of the respondent-State, being assisted by Shri J.S. Bedi, Advocate, appearing on behalf of the complainant, submitted that the prosecution has fully established guilt against all the accused beyond shadow of a reasonable doubt. He submitted that in the instant case, there was a strong motive to commit the alleged crime, as the son of accused Indra Dalal was allegedly murdered by Nand Karan (the deceased), his son Ravinder Kumar and one Sandeep son of Mahabir Singh. When Nand Karan came out on bail, a conspiracy was hatched by accused Indra Dalal and Bijender alias Vijay to murder him by hiring the contract killer. Learned counsel submitted that Smt. Suraj Kaur and Harish Chander, in their initial statements, which were recorded immediately after the alleged occurrence, had mentioned about the conspiracy hatched by accused Indra Dalal and her brother Bijender alias Vijay. They named these two accused as the persons who got murdered Nand Karan. Learned counsel further submitted that in addition to the aforesaid statements, the prosecution has proved on record the recovery of scooter, used in the crime, from the old house of accused Indra Dalal, which was in the name of accused Jaibir. Learned counsel further argued that the disclosure/ confessional statements of all the accused have further proved the conspiracy hatched by accused Indra Dalal and Bijender alias Vijay in order to commit the murder of Nand Karan. He submitted that Smt. Suraj Kaur, in her initial statement before the police, had given vivid description of accused Udeyveer, the assailant, and lateron, while appearing in the court as PW.7, she identified him. Accused Udeyveer was also identified in the Court by PW.8 Harish Chander (the second eye witness). He further submitted that failure to hold test identification parade does not make the evidence of identification in court inadmissible, because identification of an accused by a witness in the court is substantive evidence. Learned counsel submitted that all the four accused have rightly been convicted on the basis of the evidence, which according to him, was sufficient and reliable to convict them.

Decision :

20. After hearing the arguments of learned counsel for the parties and perusing the evidence led by the prosecution in support of its case and looking into the defence taken by the accused, we do not find any merit in all these three appeals.

21. Admittedly, there was a strong enmity between deceased Nand Karan and accused Indra Dalal and Bijender alias Vijay, as son of Indra Dalal was allegedly murdered by Nand Karan, his son Ravinder Kumar with the help of one Sandeep. When the alleged occurrence in this case had taken place, the trial pertaining to the murder of son of accused Indra Dalal was pending in the court. The son of Nand Karan and Sandeep were in custody, whereas Nand Karan was released on bail, just three months prior to the alleged occurrence. It is the case of the prosecution that in order to take revenge of the murder of her son, accused Indra Dalal and her brother Bijender alias Vijay hatched a conspiracy and hired the contract killer to commit murder of Nand Karan, who was on bail. It is pertinent to mention here that after the alleged occurrence, Ravinder (son of deceased Nand Karan) and his accomplice Sandeep have been convicted under Section 302 IPC for murdering Dipender alias Banti son of accused Indra Dalal. In the light of this background, we will discuss the evidence led by the prosecution to prove the alleged crime.

22. As per the prosecution version, on 24.5.2001 at about 8.00 P.M., Nand Karan, his wife Suraj Kaur and his brother Harish Chander Godara were present in his house, known as `Lal Kothi' situated on the Loharu Road, Dadri. When PW Suraj Kaur wife of Nand Karan was watering the plants, a young boy, not known to the family, came on a scooter and entered in the gate of the house. He asked her that he had come from Rohtak and wants to meet Master Nand Karan. In the meantime, Nand Karan came. Suddenly, the said boy took out a pistol from the pocket of his pant and straight way fired two shots upon Nand Karan, who fell down. Immediately, he was taken to the Hospital by PWs Suresh Kumar and Jail Pal, where he was declared dead. The homicidal death of Nand Karan has been proved by the medical evidence. Smt. Suraj Kaur, in her statement Ex.PA, which was recorded in the Hospital immediately after the occurrence, had named Smt. Indra Dalal and Bijender alias Vijay as the persons, who got murdered her husband, due to the previous enmity, as indicated above, by engaging the assailant. It is a fact that at the time of registration of the FIR, the assailant was unidentified, but in her statement before the police, PW Suraj Kaur had given vivid description of the assailant. However, she did not mention the registration number of the scooter, on which the assailant came and fled away from the spot after committing the crime, as she had not noticed the same. But, on the next day i.e. on 25.5.2001, statement of Harish Chander, the other eye witness, was recorded by the police, in which he had disclosed the registration number of the scooter as HR-20G/1102, which he stated that he had noted down, when the assailant was fleeing away. On 31.5.2001, after a week of the alleged occurrence, accused Bijender alias Vijay was arrested. On the same day, his disclosure/confessional statement Ex.PH was recorded, in which he stated that he, his sister Indra Dalal and his brother Mahabir hatched a criminal conspiracy to kill Nand Karan by engaging a youth, because Nand Karan had murdered his nephew Dipender alias Banti. In this statement, he did not disclose the name of the assailant or any other conspirator. Two days thereafter, on 2.6.2001, accused Indra Dalal was arrested. Again both the accused, namely Bijender alias Vijay and Indra Dalal were interrogated. In his second disclosure/confessional statement (Ex.PK), accused Bijender alias Vijay disclosed that he and his sister Indra Dalal hatched a conspiracy and got committed the murder of Nand Karan on 24.5.2001 by engaging Udeyveer son of Rajbir, a resident of Sisai, District Hisar, for a consideration of Rs. 3 lacs. In this statement, he further stated that his brother Mahabir was not involved in the conspiracy. (It is to made clear here that on the basis of that statement, Mahabir, who was initially arrayed as an accused, was discharged). Disclosure/confessional statement of accused Indra Dalal (Ex.PT) was also recorded, in which she did not mention the name of Udeyveer. During investigation, one Pardeep Kumar son of Daya Nand, a resident of Charkhi Dadri, made statement Ex.PK to the police, in which he stated that on 22.5.2001, he along with his wife went to the clinic of Doctor Indra Dalal (accused) for her medical check-up. At that time, he had heard accused Bijender saying to accused Indra Dalal that he had talked to accused Udeyveer, a contract killer, to kill Master Nand Karan. Thereupon, accused Indra Dalal stated to him that he should not worry about the money, she will arrange for the same. Subsequently, on 13.7.2001, during investigation, a secret information was received that a scooter bearing registration No. HR-20G-1102, which was used in the crime, was kept concealed in the old house of accused Indra Dalal. On that secret information, the aforesaid scooter was got recovered from the disclosed place vide recovery memo Ex.PD, in the presence of PWs Harish Chander and Bansi Dhar HC. Thereafter, on 16.8.2001, the police moved an application before the Registering Authority, Hisar, to know about the ownership of the said scooter and on that application, vide endorsement Ex.PZ/1, it was disclosed that accused Jaibir was owner of the said scooter. On the said disclosure/confessional statement, name of accused Jaibir came to light. The prosecution, by examining PW.18 Gulab Singh, the Registration Clerk, has proved that the scooter bearing registration No. HR- 20G-1102 was owned by accused Jaibir. After knowing the name of accused Jaibir being owner of the scooter, he was traced and arrested on 7.12.2001. During his interrogation, he made disclosure/confessional statement Ex.PL to the effect that he, Udeyveer and Ramesh were got engaged by accused Bijender for a consideration of Rs. 3 lacs, for committing the murder of Master Nand Karan, because he had committed the murder of son of accused Indra Dalal. He further stated that he had given his scooter bearing registration No. HR-20G-1102 to Udeyveer and Ramesh for committing the crime. This disclosure/confessional statement has been proved by examining PW8 Bansi Dhar HC. During the investigation, the police collected an important document i.e. disclosure/confessional statement dated 30.11.2001, made by accused Jaibir in another case, bearing FIR No. 718 dated 30.11.2001 under Sections 420/407/463/471/120B IPC and Section 25/54/59 of the Arms Act, registered at Police Station Civil Lines, Hisar. In that statement, accused Jaibir had stated that one LML Vespa scooter was given to him by one Vipin Kaushal and the said scooter was got registered by him in his name on the basis of fake documents. He further stated that he, Udeyveer and Ramesh were engaged by Vijay Thekedar of Dadri for killing Nand Karan for a consideration of Rs. 3 lacs. He also stated in his statement that he gave his scooter bearing registration No. HR-20G-1102 to Udeyveer. This statement has been proved by PW.15 Ram Avtar Inspector, CIA Staff, Hisar. Accused Udeyveer could not be arrested and during investigation, he was declared proclaimed offender. During investigation, accused Ramesh was arrested and he made disclosure/confessional statement Ex.PO to the effect that he, Jaibir and Udeyveer after taking Rs. 3 lacs from Bijender contractor of Dadri, had prepared a plan and accordingly committed murder of Master Nand Karan. He further stated, his share was Rs. 60,000/-, out of which Rs.35,000/- were spent by him and the remaining amount of Rs. 25,000/- were kept concealed by him in a small bag, lying in the Almirah inside his house.