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(2) The case of the prosecution is that on 21.12.2010 one Smt. Renu W/o Shankar had lodged a missing report in respect of her husband Shankar pursuant to which DD No. 20A was recorded at Police Station Bhalswa Dairy. On the intervening night of 21­22.12.10 one Bhola Sahu father of Shankar lodged a missing report at Police Station Bhalswa Dairy wherein he expressed his suspicion upon his daughter in law Smt. Renu and claimed that Renu was having illicit relationship with one Raju their neighbour and he suspected their hand in disappearance of his son. On the basis of the missing report of Bhola Sahu the present FIR was registered and SI Rajender Singh along which staff reached the house of Renu and made inquiries from her during which she disclosed her involvement in the offence and also the involvement of co­accused Raju. The accused Renu then led the police to the jhuggi of Raju who was also apprehended from there. The disclosure statements of both the accused were recorded. Both the accused disclosed that Shankar had been murdered and his dead body was thrown in the drain of fields, near village Ladpur and they could get recover the dead body and the belongings of deceased Shankar. The local police of Police Station Kundli Barota, Haryana was joined in the investigations and thereafter pursuant to their disclosure statements, both the accused Renu and Raju pointed out towards a dry nala in village Chatera, district Sonepat, Haryana near under construction Highway where they had thrown the dead body of the deceased. The dead body of Shankar was then discovered from the above said place and the seat cover and mats of the champion vehicle were also found lying near the dead body, which were seized. The accused Renu also got recovered the clothes of the deceased which were taken into possession. Further, during Police Custody Remand, on 23.12.2010 the accused Raju got recovered from his Jhuggi his blood stained clothes which he was wearing at the time of the incident. However, the weapon of offence i.e. Katta could not be recovered despite efforts. After completion of investigations charge sheet was filed against both the accused Raju and Renu.

CHARGE:

(3) Charges under Section 120­B, 302 r/w 120­B and 201 r/w 120­ B Indian Penal Code were settled against both the accused Raju and Renu to which they pleaded not guilty and claimed trial. (4) Before coming to the testimonies of individual witnesses, the details of the witnesses examined by the prosecution and the documents proved by them are hereby put in a tabulated form as under:
Prosecution witnesses: 
 Sr.   PW No.         Name of the witness                         Details of witness
 No.
1.      PW1          Seema Nain                    FSL Expert
2.      PW2          Sudhir Gutpa                  Public Witness - cousin of the deceased
3.      PW3          HC  Dharambir                 Police Witness - Duty Officer
4.      PW4          Ct. Satyavir                  Police Witness who had deposited the 
                                                   pullandas with the FSL
5.      PW5          Ct. Subash                    Police Witness - Crime Team Photographer
6.      PW6          Ct. Munni                     Police Witness who had joined Investigations 
7.      PW6A         SI Devender                   Police Witness - Crime Team Incharge
8.      PW7          Bhola Sahu                    Public Witness - Father of the deceased
9.      PW8          SI Manohar Lal                Police Witness ­ Draftsman
10.     PW9          ASI Om Prakash                Police Witness from Police Police Barota, 
                                                   Police Station Kundli, Sonepat, Haryana
11.     PW10         Dr. V. K. Jha                 Autopsy Surgeon
12.     PW11         HC Brij Pal                   Police Witness - DD Writer
13.     PW12         Ct. Arun                      Police Witness who had joined Investigations
14.     PW13         Ct. Dinesh                    Police Witness who had joined Investigations
15.     PW14         HC Dhirender                  Police Witness who had joined Investigations
16.     PW15         ASI Devender                  Police Witness - Mechanical Inspector
17.     PW16         Sh. V. Shankra                FSL Expert
                     Narayanan
18.     PW17         HC Himmat Singh               Police Witness ­ MHCM
19.     PW18         SI Rajender Singh             Initial Investigating Officer
20.     PW19         Insp. Rakesh Chand            Subsequent Investigating Officer



 List of documents exhibited

 Sr.       Exhibit                  Details of document                 Proved by 
 No.        No.
1.       PW1/A           FSL Biological Report                   Ms. Seema Nain
2.       PW2/A           Pointed out memo                        Sudhir Gupta
3.       PW2/B           Seizure memo of mats
4.       PW2/C           Seizure memo of blood stained, plain 
                         grass and soil
5.       PW2/D           Seizure memo of clothes of Shankar
6.       PW2/E           Statement of Sudhir Kumar Gupta
7.       PW3/A           Copy of FIR                             HC Dharambir
8.       PW3/B           Endorsement on Rukka
9.       PW4/A           RC 1/21/11                              Ct. Satyaveer Singh
10.      PW4/B           FSL Receipt
11.      PW5/A1 to  Photographs                                  Ct. Subash
         A13
12.      PW5/B           CD
13.      PW6A/A          Crime team report                       SI Devender
14.      PW6/A           Arrest memo of Renu                     Ct. Munni
15.      PW6/B           Personal search memo
16.      PW7/A           Statement of Bhola Sahu                 Bhola Sahu
17.      PW7/B           Dead Body identification statement
18.      PW7/C           RC of Mahendra DL­IL­0666
19.      PW8/A           Scaled site plan                        SI Manhor Lal
20.      PW10/A          Postmortem Report                       Dr. V K Jha
21.      PW10/B          Application for Autopsy
22.      PW10/C          Brief facts
23.      PW10/D          DD No. 20A
24.      PW10/E          Form 25:35
25.      PW10/F          Copy of FIR



 26.     PW11/A           Seizure memo of Two envelops        HC Brij Pal

27.     PW11/B           DD No. 14A

28.     PW12/A           Disclosure Statement of Renu        Ct. Arun

29.     PW12/B           Arrest memo of Raju

30.     PW12/C           Personal search memo

31.     PW12/D           Disclosure statement 

32.     PW13/A           Seizure memo of cloths              Ct. Dinesh

33.     PW13/B           Pointing out memo

34.     PW13/C           Site plan 

35.     PW15/1           Affidavit of ASI Devender Kumar     ASI Devender Kumar 

36.     PW15/A           Mechanical inspector report

37.     PW16/A           Biological report                   Sh. V. Shankernarayanan

38.     PW16/B           Serological Report

39.     PW17/1           Affidavit of HC Himmat Singh        HC Himmat Singh

40.     PW17/A           Copy of Reg No. 19 Sr. no. 260/10

41.     PW17/B           Copy of Reg No. 19 Sr. no. 261/10

42.     PW17/C           Copy of Reg No. 19 Sr. no. 266/10

43.     PW18/A           DD No. 20/B                         SI Rajender Singh

44.     PW18/B           Rukka

45.     PW19/A           Site plan                           Inspector Rakesh Chand

46.     PW19/B           Dead body handed over memo

47.     PW19/C           Site plan

48.     PW19/D           Site plan


EVIDENCE:
(5)    In order to prove its case the prosecution has examined as many 

as Twenty Witnesses as under:


 Public witnesses: 

(6)            PW2 Sudhir Kumar Gupta S/o Sh. Jagdish Gupta R/o H.No.

(11) PW7 Bhola Sahu is the father of the deceased who has deposed that he is illiterate and has two sons namely Shankar (since deceased) and Sunil. According to the witness, his elder son Shankar was got married with accused Renu about 13 years ago. He has testified that Shankar was blessed with three sons namely Mukesh, aged about 13 years, Ravi aged about 11 years and Rahul aged about 8­9 years. Witness has further deposed that accused Renu was having illicit relations with accused Raju (correctly identified in the Court) and Raju always threatened that he would kill Shankar. According to the witness Shankar and Raju were partner in the deal of Mahindra Vehicle and Renu even asked for divorce from Shankar. Witness has further deposed that on 20.12.2010, his son Shankar went with his vehicle Mahindra Alfa to Azad Pur Mandi for his work, at about 9.00 AM, but he did not return till late night hours on which he asked Renu about his son Shankar but she refused. According to the witness they informed to the police on 21.12.2010 about the missing of his son Shankar, aged about 30 years at that time and on 22.12.2010, he made complaint to the police regarding missing of his son Shankar on which his statement was recorded by the police, which is Ex.PW7/A. The witness has testified that quarrels usually took place between his son Shankar and accused Renu due to illicit relations with the accused Raju. Witness has further deposed that police made inquiries from the accused Renu and Raju and they were apprehended by the police and interrogated on which they disclosed that they murdered Shankar and the dead body had been thrown at Sonepat. He has also deposed that he alongwith police officials and both the accused, Raju and Renu, went to Sonepat where accused Raju pointed out the place near Ganda Naala and got recovered the dead body of his son Shankar, which was lying in mud and bushes. According to the witness it was seen with the help of the torch light and both the accused persons also got recovered the clothes of Shankar stained with blood, which were lying in the bushes separately and the seat covers and the mat of the vehicle stained with blood were also found lying there. According to the witness he identified the dead body before the police to be of his son Shankar and police lifted all the articles from the spot and the dead body was shifted to BJRM Hospital and his relative namely Sudhir also accompanied them with the police to Sonepat. The witness has testified that police also took the photographs of the scene of crime in his presence which photographs are Ex.PW5/A­1 to Ex.PW5/A­15. Witness has further deposed that he also identified the dead body of his son Shankar in the Mortuary and his statement in this regard is Ex.PW7/B and after postmortem, the dead body was handed over to him. According to the witness police also recovered the vehicle Mahindra Alfa from Mukund Pur which was in the name of his son Shankar and he got released the vehicle from the Court. The witness has identified the vehicle Mahendra Alfa, bearing No. DL 1L­L­0666 which is Ex.P­5, photographs of the said vehicles vide Ex. PX­1, PX­2, PX­3 & PX­4. He has also proved the photocopy of the RC which is Ex.PW7/C. This witness has also identified three pieces of black colored foot mat, one seat cover having blood stains which foot mats are collectively Ex.P­1 and the seat cover is Ex.P­2. (12) In his cross examination the witness has deposed that he is residing in Delhi since 30­32 years and his son Shankar deceased was residing along with him since birth. According to the witness, he knew accused Raju as he alongwith his son Shankar were partner of vehicle no. DL1L­L­0666. Witness has admitted that there was dispute between the accused Raju and deceased Shankar, prior to the incident regarding the partnership and has voluntarily added that there was dispute also in respect to the illicit relationships of accused Ranu and Raju. According to the witness the marriage of deceased Shankar and Renu was an arranged marriage. He has testified that he did not make any complaint to the parents of accused Renu regarding her illicit relationship with accused Raju. The witness has testified that he was having knowledge regarding the illicit relationship between accused Raju and Renu and he had seen them while making illicit relationship. He has also deposed that he also disclosed the fact of illicit relationship between the accused Raju and Renu to the residents of nearby jhuggis. According to the witness they also having the knowledge of it and has voluntarily added that Woh Sab Bhi Dekhte Rehte Thai. Witness has further deposed that whenever his son left for his work, accused Raju came to his jhuggi and since, he is an old man, that is why he could not object to the said relationship. The witness has further deposed that his son Shankar or accused Renu never told him about the illicit relationship of accused Renu and Raju. Witness has further deposed that his son Shankar was residing in the jhuggi whereas he was residing in a plot. He has testified that he was residing from the jhuggi of Shankar at a distance of about 2 km and has voluntarily added that the jhuggi of Raju was near the jhuggi of Shankar. According to the witness he did not make any complaint regarding the illicit relationship to the police and has voluntarily explained that when Shankar was found missing, then he made complaint to the police. He has denied the suggestion that there was no illicit relationship between the accused Raju and Renu. The witness has also deposed that when Shankar was found missing then in the morning, Renu came to him and told that she is going to lodge the missing report to the police. He has testified that he told the police with regard to the missing of his son Shankar on 20.12.2010. Witness has also deposed that he alongwith his nephew Sudhir accompanied at that time to the Police Station and they went there at about 10.00 AM and met with police officials namely Rajender who told him about the missing of his son, Shankar. Witness has admitted that he was aware about the missing of his son on 20.12.2010 only after which he made the complaint to the police. According to the witness he is illiterate and on 20.12.2010, Renu was in the house, but he is unable to tell if she left the house in the night hours as he was sleeping at that time. He has testified that he had given statement to the police twice in the Police Station on 20.12.2010 and 21.12.2010 and he did not make any other statement to the police besides the above two statements and accused Renu tried to run away. Witness has further deposed that when the police came to his house "Renu ghar se bhagkar Raju ki jhuggi mein sama gayee. 21­22 ko chali gayee thi" (accused Renu hided herself in the jhuggi of accused Raju on 21.12.2010 or 20.12.2010. He has also deposed that his son used to drive Mahendra Champion three wheeler and apart of Shankar, he has one more son namely Sunil and his son Sunil earns livelihood from Beldari and presently, their livelihood run on the earning from Beldari. He has testified that there is no other source of income in their house and he is also a Beldar and their total income is about Rs.6000­7000/­ per month. Witness has further deposed that he alongwith his son Sunil is doing Beldari work for the last about four years. Witness has admitted that Shankar used to earn more money than them. He has also deposed that he did not pay them from his earnings. Witness has admitted that sometimes quarrel took place between him and Shankar. He has testified that the witness Sudhir Gupta is his real nephew in relation and used to visit their house frequently. He has denied the suggestion that he used to tell Sudhir about the hardship, being faced by them to run the livelihood. He has admitted that he knew that the three wheeler was parked at Mukund Pur before making the complaint to the police with regard to the present case. Witness has admitted that the three wheeler, which was parked at Mukundpur belonged to his son Shankar. Witness has further deposed that he alongwith Sudhir went to the Police Station to lodge complaint. He has admitted that he had not got recorded in his complaint to the police that the neighborers of the jhuggi were also aware about the illicit relationship of accused Raju and Renu. He has denied the suggestion that he had not got recorded in his statement about the awareness of relationship of accused persons to their neighborers, as no such illicit relationship was there between them, nor he was communicated by the neighborers of Shankar about the alleged relationship. He has admitted that he had not got recorded in his complaint to the police that Shankar was residing separately. According to the witness the documentary work was done at the Police Station saari karyawahi thane mein huyee hai. When asked how many time police officials visited his house for investigations, the witness replied that when he made complaint, then police came to their house for investigation and they visited his house twice.

tutoring, tempering and padding by the police. The Hon'ble Apex Court in the case of Bhag Singh Vs. State of Punjab reported in 1971 Cr.L.J. 903 has held that ".... The promptness in lodging report justifies the inference in the circumstance of the case that the report was not a concocted story. Where soon after occurrence FIR is lodged, it is difficult to believe that false story was cooked up...".

(74) In the present case Bhola Sahu the father of the deceased Shankar who is residing in the same house is the complainant had lodged a missing report in respect of his son Shankar with the police on the intervening night of 21­22.12.2010. He at the first instance had expressed his suspicion over the accused Renu who had having an illicit relationship with the accused Raju. It is evident from the record that after the father of the deceased made a complaint to SI Rajender Singh, the rukka Ex.PW18/B was prepared at 12:05 AM on the basis of which the FIR Ex.PW3/A was registered at 12:10 AM initially for the offence under Section 365/34 IPC which aspect has been duly proved by the Duty Officer HC Dharambir (PW3) and SI Rajender Singh (PW18) and has gone uncontroverted. Soon after the registration of the FIR the police went to the house of Shankar and questioned his wife Renu who broke down and informed that Shankar had been murdered by Raju and his dead body had been thrown in a dry nala near under construction Highway at village Chatera, District Sonepat, Haryana. By around 1:00 AM the police team along with the accused Renu reached the house of Raju and while information was given to Crime Team to reach Police Station Bhalswa Dairy, SI Rajender Singh himself along with his staff and both the accused left the house of Raju at about 1:40 AM and the collected the local police official from Police Post Akbarpur, Police Station Kundli Barota, District Sonepat, Haryana. Thereafter both the accused Raju and Renu took the police party to the place where they had thrown the dead body of the deceased Shankar and pointed out the same and by 2:40 AM got the dead body of the deceased Shankar recovered. It is evident that within three hours of the registration of the FIR the dead body of the deceased was recovered.