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The FIR (Ex.P35) in the case has been registered on the basis of statement (Ex.P1) of Ravinder Singh (PW1) son of Sarup Singh made before SI/SHO Hari Singh, Police Station Linepaar, Bahadurgarh (PW11) on 12.7.2008. According to the complainant Ravinder Singh (PW1), he was a resident of Street No.7, Shankar Garden, Linepaar, Bahadurgarh and was a pensioner from the military service. He had two buffalos and was grazing his buffalos in the vacant field near Kamal Colony, Bahadurgarh. There he came to know that a dead body of an unknown person was lying in the dirty/muddy water on the 'dol' (ridge) of the field. He went there and saw an undressed dead body of a person lying there. There were injuries seen on his mouth, head and testicles. It seemed that some unknown person had been murdered and his dead body was thrown there. Ravinder Singh (PW1) was going to lodge a report in this matter that SI/SHO Hari Singh, Police Station Linepaar, Bahadurgarh (PW11) met him on the unmetalled Barahi road and he got his statement (Ex.P1) recorded, which was heard and accepted as correct. The said statement was signed by Ravinder Singh (PW1) in Hindi and was attested by SI/SHO Hari Singh (PW11). Police proceedings (Ex.P13) were recorded by SI/SHO Hari Singh (PW11) to the effect that on 12.7.2008 he along with ASI Kartar Singh, EHC Mohan, and Constable Bhupinder in a government Gypsy vehicle No. HR 63- 7803 which was driven by EHC Siri Krishan during patroling were present at the unmetalled Barahi Road, Vikas Nagar, Bahadurgarh. At that time Ravinder Singh (PW1) son of Sarup Singh met SI/SHO Hari Singh (PW11) there and he got his aforesaid statement (Ex.P1) recorded. It was reduced into writing without any addition or omission and read over word by word to Ravinder Singh (PW1). He admitted the same to be correct and put his signatures in Hindi language which were attested by SI/SHO Hari Singh (PW11). From the perusal of the statement (Ex.P1), it was observed that offences punishable under Sections 302 and 201 IPC were made out. A 'ruqa' (memo.) (Ex.P13) through Bhupinder Singh Constable was accordingly sent to the Police Station for registration of a case (FIR). After registration of case (FIR) its number was asked to be intimated; besides, special reports were asked to be sent to the higher officers. SI/SHO Hari Singh (PW11) along with the police officials and the complainant (PW1) proceeded to the spot on the government vehicle. ASI Surinder Pal, Police Station Linepaar, Bahadurgarh on receipt of the writing registered FIR No.101 dated 12.7.2008 (Ex.P35) under Sections 302 and 201 IPC. Carbon copies of the FIR were prepared and were sent to the learned Ilaqa Magistrate, Deputy Superintendent of Police, Bahadurgarh and Superintendent of Police, Jhajjar as special reports through a special Constable. Copy of the police file/FIR along with original writing was sent back to SI/SHO Hari Singh (PW11) at the spot through the Constable who had brought it, for investigation of the case.

Anil Kumar photographer (PW7) was called at the spot by the Investigating Officer. He took photographs Ex.P1 to Ex.P4. FSL team was also called at the spot, which inspected the site. Blood stained earth and hair of the deceased were lifted from the spot and were put in a small tin box and converted into a parcel and taken in possession vide recovery memo Ex.P2. At some distance from the spot, an abandoned rickshaw (Ex.P3) was seen standing, which was locked. A key (Ex.P19) was recovered from the spot and with it the lock of the rickshaw was openend. Inquest proceedings (Ex.P7) were conducted in the case. Site plan on the inquest proceedings was prepared and mark A in the site plan is indicated as the place where the undressed dead body of a person was lying on the 'dol' (ridge); besides, one almond colour pant (Ex.P15), a checked shirt (Ex.P16) and an underwear (Ex.P17), a pair of plastic chappals (Ex.P18) were lying near the dead body at mark-B. The place where the blood spots, hair and one iron key (Ex.P19) were lying is depicted as mark- C. Besides, in para 4 of the inquest report (Ex.P7) against the column relating to the persons identifying the dead body, it is recorded that Chandan (PW10) son of Matharu, resident of village Khajra, District Jhansi (Madhya Pradesh), now tenant at Barahi Road, Bahadurgarh and Siri Lal son of Dila resident of village Karhera, District Sipri (Madhya Pradesh), now tenant at Barahi Road Bahadurgarh. In column 5 of the inquest report (Ex.P7)the identity of the dead body is mentioned to be that of Gulab son of Matharu i.e. brother of Chandan (PW10). After narrating brief facts of the case, they were interrogated. Besides, further investigations were carried out and whatever was stated by Chandan (PW10) and Siri Lal son of Dila Ram regarding the inquest was recorded in terms of Section 175 of the Code of Criminal Procedure ("CrPC" - for short). It was observed in the inquest proceedings that the death of Gulab (deceased) had occurred due to sustaining/causing injuries as had been stated. However, even then it was necessary to know the real cause of death. Therefore, the dead body was being sent to the concerned quarters for getting its post-mortem examination conducted. The dead body was sent under an escort of EHC Mohan and Constable Bhupinder Singh. The result of the post-mortem examination was asked to be intimated.

We have given our thoughtful consideration to the contentions of the learned counsel for the parties and with their assistance gone through the records of the case. It may be noticed that there is no eye-witness to the occurrence. Ravinder Singh (PW1) is the complainant and he only stated about the undressed dead body being seen by him on 12.7.2008 while he was grazing his cattle near Kamal Vihar and he reported the matter to Hari Singh SI/SHO (PW11). There were marks of injuries on the dead body. Har Dayal (PW5) who is a witness to the last seen of Gulab Singh (deceased) with the appellants completely resiled from his statement (Ex.P9) made by him before the Police under Section 161 CrPC and he stated that he had no knowledge about the present case. In cross- examination it is stated by Har Dayal (PW5) that Gulab Singh (deceased) had illicit relations with the wife of Ram Avtar (who has been declared a proclaimed offender). Umed Singh (PW6) before whom an extra judicial confession is stated to have been made by the appellants also resiled from his statement (Ex.P10) made before the police. The accused (appellants) are said to have made an extra- judicial confession before Umed Singh (PW6). Statement (Ex.P10) was made by Umed Singh, Ex-Subedar (PW6) before Nathu Ram SI/SHO, Police Station Linepaar, Bahadurgarh (PW15) on 25.8.2008 under Section 161 CrPC. It is stated by Umed Singh, Ex.Subedar (PW6) in his statement under Section 161 CrPC that he was a pensioner from the Military and was living at Vikas Nagar, Bahadurgarh after constructing his own house. The appellants lived in his house on rent and they all plied rickshaws. On 25.8.2008 it is stated that the appellants came to his house together and Sube Lal (appellant No.2) asked him that all of them were associated with Ram Avtar (since declared a proclaimed offender) and had murdered Gulab, a rickshaw puller who was resident of Jhansi. They had committed murder on the asking of Ram Avtar on the night of 11.7.2008. Thereafter, they threw his undressed dead body in the fields. Police was searching for them in connection with the murder of Gulab and they asked him to produce them before the police as he knew the police officals so that they do not beat them. The remaining persons, it is alleged, supported the suggestion of Suba Lal (appellant No.2). Therefore, all the appellants were associated with Ram Avtar and had murdered Gulab on the intervening night of 10/11.7.2008 while they were in an inebriated condition. The appellants admitted the murder of Gulab in his presence and he produced all the four persons before Nathu Ram SI/SHO (PW15) Police Station Linepaar, Bahadurgarh. However, Umed Singh while appearing in the witness- box completely resiled from his statement and stated that he did not know about this case and no one disclosed regarding any incident to him. He was declared hostile. He heard his statement (Ex.PJ) made before the police, but stated that he never made any statement before the police. He denied the suggestion that he was deposing falsely. The other witnesses in the case are Ramesh Kumar, Patwari (PW-14) who prepared a scaled site plan (Ex.P8) on the demarcation of Ravinder Singh (PW1) along with Nathu Ram SHO, Police Lines, Bahadurgarh (PW15). In cross-examination it is stated that he did not mention the name of the owner of the fields in his scaled site plan. Besides, he could not tell the owner of the fields reflected in site plan (Ex.P8). Constable Vikas Kumar (PW8) tendered in evidence his affidavit (Ex.P11). It is stated that on 19.8.2008 Jai Karan MHC from the store-room of the Police Station took out the case property of the case in an intact condition i.e. one packet of blood-stained soil duly sealed with seal of monogram HS, one packet containing hair duly sealed with the seal of monogram HS along with sample of seal and handed over to him (PW-8) for depositing the same with FSL, Madhuban for analysis. Vikas Kumar, Constable (PW8) deposited all the packets with FSL, Madhuban Karnal on the same day i.e. 19.08.2008 and receipt was handed over to Jai Karan MHC. So long as the packets of the case property remained in his (PW-8) possession, neither he nor anybody else tampered with them. In cross examination it is stated that he could not tell how many seals were affixed over the parcles. Sita Ram, Constable (PW9) submitted a special report of the case on 12.7.2008 which he handed over to the learned Ilaqa Magistrate without any loss of time. In the cross- examination it is stated that he received the special report at about 2.30 p.m. and he delivered the same to the Ilaqa Magistrate in the Court. Chandan (PW10) stated that Gulab Singh (deceased) was his brother. He had been murdered but he did not know how he was murdered. He identified the dead body of his brother and after post- mortem examination, he took the same vide memo Ex.P12. The memo bears his left thumb impression and he identified in Court the clothes and items i.e. Watch, silver ring, a purse etc. to be that of his brother. He was not cross-examined. Siri Lal was given up being unnecessary. The FSL report (Ex.P42 and Ex.P43) were tendered in evidence. SI Hira Singh (PW11) carried out investigations at the spot. In cross-examination it is stated that he had reached at the spot at about 2.00 p.m. No person from the public was present except Ravinder (PW1). He spent two hours at the spot in completing the investigation. When he reached at the spot, 7-8 persons had gathered at the spot. He inquired from them about the dead body, but they were not having any knowledge about the occurrence. The dead body was in an undressed condition. The clothes and chappal etc. were lying near the feet of the dead body. After seeing the dead body, the name of the person could not be recognized from the nearby articles. It is stated that on recovery of rickshaw and after unlocking the lock of rickshaw, he (PW11) inquired about the dead body from the owner of the rickshaw and then on his identification he came to know the name and identity of the accused (sic.deceased). There was no mark/identification proof on the rickshaw regarding its owner. It is voluntarily stated that in Bahadurgarh City there were three famous owners who used to give rickshaws to the rickshaw pullers on payment basis. He did not know the name of the owner of the rickshaw. Kartar Singh SI, Police Station Bahadurgarh (PW12) stated that on 12.7.2008 he was posted as Investigating Officer at Police Station Linepaar, Bahadurgarh. On that day he joined the investigation along with Hari Singh SI/SHO (PW11) and reached at the place of occurrence where a dead body was lying. Blood stained earth, clothes of deceased, key and strained hair were lifted from there. The blood-stained earth and strained hair were put in a small tin box and converted into parcel, which were taken in possession vide recovery memo Ex.P2. On the same day, a rickshaw which was found abandoned in Vikar Nagar, Bahadurgar was also taken in possession vide recovery memo Ex.P3. On 26.8.2008 he (PW-12) again joined the investigation in this case along with Nathu Ram SI/SHO (PW15). On that day all the accused person who were in Court were interrogated separately. First of all Om Pal (appellant No.1) was interrogated and he suffered a disclosure statement (Ex.P20) that he along with his co-accused committed the murder of Gulab Singh and the dead body of Gulab Singh was thrown in the wild grass. They also took out the money from the pocket of the deceased and he got Rs.250/- as his share. The handkerchief in which the above amount was wrapped had been concealed by him in Vikas Nagar, Bahadurgarh in a rented house which was in his exclusive knowledge. Thereafter Suba Lal (appellant No.2) made a disclosure statement (Ex.P21) that he could get recovered a wrist watch of Gulab Singh (deceased) which was taken by him as his share. It had been concealed by him in a box in his rented house at Vikas Nagar, Bahadurgarh. Naresh (appellant No.3) in his disclosure statement (Ex.P22) disclosed that a purse came in his share which he had concealed under the heap of bricks near his rented house at Vikas Nagar, Bahadurgarh. Shyam Bihari (appellant No.4) in his disclosure statement (Ex.P23) disclosed that he got a ring as his share, which was concealed by him in a room of his rented house at Vikas Nagar, Bahadurgarh. Lastly, Prempal (appellant No.5) made a disclosure statement (Ex.P24) that he got a diary of the victim as his share, which was kept by him in his rented house in the upper portion of his room. After recording the disclosure statements of aforesaid the accused, they were taken to the place of recovery i.e. a rented house at Vikas Nagar, Bahadurgarh one by one. Ompal (appellant No.1) got recovered a handkerchief (Ex.P25/A) on which name of Gulab Singh was written. It was converted into a parcel and sealed with seal of KS and taken in possession vide recovery memo Ex.P25. Suba Lal (appellant No.2) got recovered a wrist watch (Ex.P26/A) which was converted into a parcel and sealed with seal KS and taken in possession vide recovery memo Ex. P26. Naresh (appellant No.3) got recovered a purse (Ex.P27/A) which was converted into a parcel and sealed with seal of KS and taken in possession vide recovery memo Ex.P27. Shyam Bihari (appellant No.4) got recovered a silver ring (Ex.P28/A) which was converted into a parcel and sealed with seal of KS and taken in possession vide recovery memo Ex.P28. Lastly Prempal (appellant No.5) got recovered a diary (Ex.P29/A) on which a calendar of the year of 2007 was printed. The diary was converted into a parcel sealed with seal of KS and taken in possession vide recovery memo Ex.P29. All the recovery memos were attested by Kartar Singh (PW12) and HC Baljit Singh. Thereafter, all the appellants led the police party to the place of occurrence separately one by one. Ompal (appellant No.1) got demarcated the place of occurrence. In this regard, demarction memo (Ex.P30) was reduced into writing. Suba Lal (appellant No.2) got demarcated the place of occurrence and demarcation memo (Ex.P31) was reduced into writing. Naresh (appellant No.3) got demarcated the place of occurrence and demarcation memo (Ex.P32) was reduced into writing. Shyam Bihari (appellant No.4) got demarcated the place of occurrence and demarcation memo (Ex.P33) was also reduced into writing. Prempal (appellant No.5) got demarcated the place of occurrence and demarcation memo (Ex.P34) was also reduced into writing. All the demarcation memos were attested by Kartar Singh SI (PW12). In cross-examination it is stated that recovery of items were effected on the same day from the accused i.e. Naresh, Shyam Bihari and Om Pal but he could not say as to whether any public witness was joined at the time of recovery by the police party. The recovered purse from Naresh (appellant No.5) was having a diary (Ex.P29/A) which was blank and there were no currency notes and the other items in the purse. It is accepted as correct that no public witness was involved at the time of preparing of demarcation memo by the police. ASI Surender Pal (PW13) on 12.07.2008 was posted as I.O. at Police Station Linepar, Bahadurgarh. On that day he received a writing (Ex.P13) from SI Hari Singh (PW11), on which he registered FIR (Ex.P35), which bears his signatures. Endorsement (Ex.P35/A) was made on the memo. Thereafter, he sent special report of the case to the Ilaqa Magistrate and higher police officials through Constable Sita Ram. Jai Karan HC (PW14) tendered in evidence his affidavit (Ex.P36). It is stated that on 12.7.2008 he was posted as Moharrir Head Constable (Incharge of Store Room) at Police Station Linepaar, Bahadurgarh. On that SI/SHO Hari Singh (PW11) had deposited one packet containing blood stained soil/earth duly sealed with seal of monogram of HS and one packet containing hair in the store room. The above packets were sent to Forensic Science Laboratory, Madhuban for analysis through Constable Vikas (PW8) vide RC No.311 dated 19.08.2008. So long as the packets remained in his possession, neither he nor anyone else tampered with them. SI/SHO Nathu Ram (PW15) stated that on 26.8.2008 he was posted as SI/SHO Police Station Linepaar, Bahadurgarh. On that day, investigation of the case was conducted by him. The appellants were interrogated by him separately one by one. Kartar Singh ASI (PW12) and HC Baljit Singh were also joined by him in the investigation. He has made a mention of the disclosure statement made by all the accused and that a handkerchief containing Rs.250/- which was taken from the pocket of the deceased was recovered from Ompal (appellant No.1) which was taken by him as his share. The amount was spent by him and the handkerchief had been concealed by him in a bag in his rented house at Vikas Nagar, Bahadurgarh. It was recovered on the basis of his disclosure statedment (Ex.P20). Suba Lal (appellant No.2) on the basis of his disclosure statement (Ex.P21) got recovered a wrist watch. Naresh (appellant No.3) on the basis of his disclosure statement (Ex.P22) got recovered a purse. Shyam Bihari (appellant No.4) on the basis of his disclousre statement (Ex.P23) got recovered a silver ring and Prempal (appellant No.5) on the basis of his disclosure statement (Ex.P24) got recovered a diary. Recovery site plan pertaining to accused Om Pal (Ex.P37), Suba Lal (Ex.P38), Shyam Bihari (Ex.P39), Prem Pal (Ex.P40) and Naresh (Ex.P41) were prepared by him. Besides, the place of occurrence was got demarcated. In cross-examination it is stated that except the above disclosure statements, no other disclosure statement was recorded by him. He joined as SHO Police Station Linepaar, Bahadurgarh on 27.7.2008. He arrested Ompal (appellant No.1), Shyam Bihari (appellant No.4), Naresh (appellant No.3), Sube Lal (appellant No.2) and Prempal (appellant No.5) on 26.7.2008. They did not join public witness at the time of recording the disclosure statement of the accused persons, whereas public witnesses were present and other officers were also present at the Police Station at the time of disclosure statement of the accused.

The medical evidence has been brought on record by way of deposition of Dr. Mohinder (PW3) who tendered in his evidence his duly sworn affidavit (Ex.P5). It is stated that he conducted post-mortem examination of Gulab aged 26/27 years on 13.7.2008 while he was posted at FM (Forensic Medicine) Department, PGIMS Rohtak as Demonstrator. The body was brought by Manmohan Singh and referred by SMO, Bahadurgarh. He received an undressed dead body of a male individual (wrapped in plastic pally) of length 178 cms. The body and pally was smudged with soil particles. The body was emitting four smell. The eggs of flies were present at places on the body. The maggots of size 0.4 cm to 0.6 cm were crawling all over the body, scalp hair were black 5 cm to 7 cm. Long easily pulled with mild traction. Facial features were bloated and deformed and partially identifiable. Eyeball softened and putrefied and protruded out. Tongue 1cm. Protruded out of lips. Epidermis pealed off all over the body. Hands and feet degloved. Chest tense, abdomen distended. Axillary and body hair peeled off. Pubic hair 2 cm to 3 cm long black. Penis and scrotum distended. Rectum protruded out. Moustaches and beard 1 cm and black. There were three spindle shaped incised wound of dimension (A) 2.5 x 1.5 x 2 cm (B) 2.5 x 2 x 2 cm cm (C) 3 x 1.5 x 2 cm. Over upper left side of neck medial to right body of mandible. (2) An incised wound horizontally placed over ant. Aspect of neck 6 cm from sternal angle and 11 cm from centre of chin, more so on right side of neck and tail towards left side of neck. All the tissues underlying the injuries were echymosed and main vessels were cut. (3) Small superficial skin-deep incised wound present over middle of neck. No other injury found on deep dissection and PME. Skull healthy, brain partially liquefied, ribs and cartilages healthy, pleura, larynx and trachea, right and left lung were decomposed; pericardium heart softened large vessels were empty; peritoneum, mouth, pharynx and Oesophagus were decomposed, Liver, spleen, kidneys were softened. Bladder empty. Organs of generation decomposed. Stomach contains mucoid material and shows P.M. Bullaes. Small intestine contain digested food and gas. Large intestine contain gas and faecal matter. In the opinion of the doctor, cause of death was the injuries described and their complications. All the injuries were ante-mortem in nature and were sufficient to cause death in the due course of nature. In terms of the post-mortem report (Ex.P6), the time that elapsed between death and post-mortem examination is mentioned as three days. In cross-examination it is stated by Dr. Mohinder (PW1) that probable duration between injury and death was 10 to 15 minutes and the probable duration between death and postmortem was about three days. The Investigating Officer did not produce any kind of weapon to seek opinion regarding the injuries described on the dead body of Gulab. In terms of the FSL report (Ex.P42), blood was detected on Ex.1 (blood-stained earth) and Ex.2 (hair). The result of the serological analysis of blood was attached. The origin of blood- stained earth was mentioned as human whereas the material hair had disintegrated. In FSL report (Ex.P43), the hair in Ex.2 (hair recovered from the spot) was identified to be human in origin.