State (Govt of NCT of Delhi) v. Akhil Ahuja & Ors

judgment.

¶47No order as to costs.

I.S.MEHTA

(JUDGE)

S.MURALIDHAR (JUDGE)

NOVEMBER 14, 2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th November, 2017 + CRL.L.P. 781/2015 STATE (GOVT OF NCT OF DELHI) ..... Petitioner Through: Ms. Radhika Kolluru, APP. SI Arun Kumar, P.S. Tilak Nagar. versus AKHIL AHUJA & ORS. ..... Respondents Through: Mr. Jitendra Sethi, Adv with Mr. Ambar Tewari, Mr. Aditya Madan and Ms. Anshika Sethi, Advs for R-1. Mr. H.S. Bhullar, Adv. with Mr. Sarabjeet Kaur and Mr. Tribikram Meelee, Advs for R-2 Ms. Inderjeet Sidhu, Adv. for R-3 along with respondent No.3 in person. CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA I.S.Mehta, J (Oral) 1. Instant is an petition by the petitioner-State seeking leave to appeal against the judgment of acquittal dated 08.07.2015 passed by the learned Additional Sessions Judge (ASJ), Fast Track Court, North-West District, Rohini Courts in Sessions Case No. 14/1/08 whereby the respondents, i.e. (1) Akhil Ahuja, (2) Kamal Prasad Bhandari and (3) Sizauddin @ Shiyazuddin, were acquitted of all the charges levelled against them for the offence under Sections 364A/302/201/411/34/109/120B IPC. Case of the prosecution 2. Instant FIR is registered on the basis of the DD No. 37A dated 03.03.2001, i.e. ExPW45/A, at Police Station Tilak Nagar wherein the informant, i.e. Dinesh Kumar Gogna(PW45), brother of the deceased- Lincon Gogna has given the information to the Duty Officer that his younger brother, i.e. Lincon Gogna (since deceased), who was running a jewellery shop under the name and style of M/s M.C. Bangles at MC Building, Durga Complex, Tilak Nagar, on 02.03.2001 at about 11.00 AM left for his shop in his vehicle, i.e. cherry coloured Ford car bearing No. DL-4CF-8614. However, he did not return to his house at night to which his wife Bhawna(PW18) made a call to Dinesh Kumar Gogna and informed about Lincon's failure to return home, upon which the Dinesh Kumar Gogna called on Lincon's mobile phone from his landline phone but his phone was attended by someone else who introduced himself as Amit and informed that Lincon was not well and had been given an injection for inducing sleep and was sleeping, therefore, he would return later and further informed that he is at C-133, New Friends Colony. Accordingly, Dinesh Kumar(PW45) along with his wife reached the said address but learnt that there was no such address in New Friends Colony, therefore, he suspected that someone had kidnapped Lincon and lodged an FIR with P.S. Tilak Nagar and on the basis of the said information, i.e. ExPW45/A, an FIR No. 103/2001 (ExPW21/A) under Section 365 IPC was registered at P.S. Tilak Nagar and investigation of the incident were put forth and further investigation was handed over to SI Sita Ram. 3. During the investigation, on the next morning the Delhi Police received information regarding the location of the said Ford car, i.e. DL-4CF-8614, of Lincon. On reaching the location the police found it parked near Good Year Chowk, Faridabad near a petrol pump on the road side and all the accessories like audio/music system as well as the tyres along with rims and stepney were missing from the car. At the said spot SI Sita Ram called the crime team, finger print expert and a photographer and needful was done. Further, on 04.03.2001 a wireless message was received regarding recovery of one dead body and accordingly a team of Delhi Police reached to a field at Village Feroz Pur, Faridabad where ASI Zile Singh P.S. Palwal Sadar was present and it was learnt that the local police had already carried out proceedings under section 174 Cr.P.C. and exhibits etc. had already been taken into possession by the local police. The dead body was found to be of Lincon therefore, the case was converted into a case of murder and Sections 302/201/34 IPC were amended in FIR No. 103/2001. 4. During the investigation two persons from village Feroz Pur, i.e. Ashok son of Suraj Pal and Birender Singh son of Chattar Pal, provide vital clues and told that one young boy having fair complexion and stout body