Crl. Misc. No. M-30528 of 2013 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-30528 of 2013 (O&M) Date of decision :31.10.2013 Dharam Pal ......Petitioner versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Bipan Ghai, Senior Advocate, with Mr. Mandeep Kaushik, Advocate, for the petitioner. Mr. C.S. Bakhshi, Addl. A.G., Haryana. **** RITU BAHRI , J. This petition under Section 439 Cr.P.C is for grant of regular bail to the petitioner in case F.I.R No. 446 dated 22.11.2012, under Sections 302, 420, 467, 471, 472, 216, 201, 34 IPC and Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Sector-5, Panchkula. The dead body was recovered on 22.11.2012 at 8.10 A.M., from the roadside in Sector-21, Panchkula. After conducting the postmortem examination, it was opined that the death was caused within 24 hours. The FIR was recorded on the statement made by Buti Ram, alleging that he has two daughters namely Ishu and Jyoti Rani. Jyoti Rani was serving in Surya Security Private Company, Chandigarh and was pursuing B.Ed., as a private candidate. He was informed by some unidentified person Arora Gaurav 2013.10.31 17:24 I attest to the accuracy and integrity of this document Crl. Misc. No. M-30528 of 2013 (O&M) 2 that his daughter Jyoti Rani has been killed by someone and her dead body was lying on the side of road in Sector-21, Panchkula. Thereafter, he visited at the spot and found the dead body of Jyoti Rani. After registration of the FIR, investigation against Dharam Pal along with co-accused Ram Kumar Chaudhary for committing the murder of Jyoti Rani was conducted. After detailed investigation, the police filed charge sheet for the prosecution of Dharam Pal and his co-accused. The entire case of the prosecution was based on circumstantial evidence showing different acts of omission and commission committed by Dharam Pal-petitioner and his co-accused with the motive to get rid of the deceased, who was having illicit relations with Ram Kumar Chaudhary and was blackmailing him. During investigation and on the basis of the call details of the mobile phone of the deceased and tower location, it was found that Jyoti Rani was in contact with Ram Kumar Chaudhary and other persons. All the accused conspired and killed her and subsequently threw her dead body on the road to show that it was a case of accident. Jyoti Rani-deceased was pressurizing Ram Kumar Chaudhary to settle her life as he was having illicit relations with her. She was pregnant and her pregnancy was got terminated by Ram Kumar Chaudhary and thereafter, she was compelling him to marry her. After completion of investigation, charge-sheet has been presented for commission of offences punishable under Sections 302, 201, 420, 467, 471, 472, 34 IPC and Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The application for grant of regular bail, filed by Dharam Pal- Arora Gaurav 2013.10.31 17:24 I attest to the accuracy and integrity of this document Crl. Misc. No. M-30528 of 2013 (O&M) 3 petitioner, was dismissed by the Sessions Judge, Panchkula, vide order dated 31.08.2013. Learned counsel for the petitioner has argued that there is no direct evidence against Dharam Pal-petitioner. After the arrest of Ram Kumar Chaudhary, the petitioner's role came into being on the basis of a disclosure statement made by him. The entire case is based on circumstantial evidence and there is no direct evidence to link the petitioner with the murder of Jyoti Rani. He had no motive to conspire with Ram Kumar Chaudhary to commit the murder of Jyoti Rani. Disclosure statement of Ram Kumar Chaudhary is a weak evidence to connect the petitioner with the act of murder of Jyoti. As per the deposition of Surjit Singh (PW-5), petitioner-Dharam Pal being his cousin, never used to work with him at his brick kiln. The mobile phone No.98162-69572 was taken in the name of M/s Shiv Om Bricks, Village Chakka, Post Office Karuwana District Solan (H.P.). In cross-examination, he denied that he had handed over the said phone to accused-petitioner Dharam Pal. This phone had been taken in the name of the company and the employee used to use this phone. To the same effect is the statement made by Yash Pal (PW-3). As per his deposition, he was having mobile phone No.98821-00009. This mobile phone was used by him (Yashpal) and by his brother Yashwant. He denied this mobile phone being handed over to Dharampal-petitioner. Learned State counsel, on instructions from Inspector Dharambir, has informed the Court that after presentation of the challan, charges have already been framed and there are 129 prosecution witnesses, out of which 18 have been examined. He further stated that out of 12 accused, 7 are on bail and 5 are in custody. The name of the petitioner has Arora Gaurav 2013.10.31 17:24 I attest to the accuracy and integrity of this document Crl. Misc. No. M-30528 of 2013 (O&M) 4 been added, consequent upon the disclosure statement made by Ram Kumar Chaudhary. Heard learned counsel for the parties. Jyoti Rani was in contact with Ram Kumar Chaudhary and others. This is a case of circumstantial evidence and petitioner-Dharam Pal @ Maddu has been linked being an associate of Ram Kumar Chaudhary. After registration of F.I.R, the disclosure statement of Ram Kumar Chaudhary was recorded. In his statement, he has stated about the role of the present petitioner who was son of his bua. Jyoti Rani was pressuring Ram Kumar Chaudhary to solemnize marriage on the pretext that she was pregnant in the month of July, 2012. Thereafter, she get her abortion on 07.08.2012 and started threatening him. Ram Kumar Chaudhary confessed this to Dharam Pal-petitioner and planned to do something of Jyoti Rani after elections. Ram Kumar Chaudhary on 21.11.2012 called Jyoti and went towards Zirakpur via transport Chowk and tribune Chowk. When they reached Zirakpur, petitioner-Dharampal @ Maddu had a telephonic conversation with Gurmeet from his mobile phone No. 98162-69572. Thereafter, they get in White Honda City Car of Ram Kumar Chaudhary near the showrooms of Zirakpur. Jyoti and Ram Kumar Chaudhary then sat on the back seat of the car besides petitioner and Gurmeet who was sitting on front seat of the car. All four of them had gone towards G.T Road, Zirakpur Road to Ambala Road. It was further disclosed that as planned by Ram Kumar Chaudhary one Paramjit @ Pamma came driving the truck from his driver Tilak Raj @ Tikka. The petitioner was driving the Honda City car in which Jyoti was sitting along with Ram Kumar Chaudhary. He tried to explain to Jyoti that she should not meet again. She was allured with money Arora Gaurav 2013.10.31 17:24 I attest to the accuracy and integrity of this document Crl. Misc. No. M-30528 of 2013 (O&M) 5 also but she did not relent despite a lot of persuasions and started shouting loudly. At that time, Paramjit @ Pamma and Ram Kumar Chaudhary gave her fist blows and Paramjit @ Pamma pressed her neck due to which she became unconscious. Thereafter, Jyoti was taken to a scheduled road in Sector 21, Panchkula and was thrown out of the car near the bushes in a vacant plot near the road. Ram Kumar Chaudhary, Gurmeet and Dharampal @ Maddu picked up Jyoti and put her below the rear tyre of the truck and Pamma asked the truck driver to run the truck over Jyoti and Truck Driver and Pamma brought the truck near Mazri Chowk. They also took out mobile phones from the purse of Jyoti and reached Mazri Chowk, Panchkula in Cruze car. They ran the truck over Jyoti. In this manner, Jyoti was murdered. After investigation, it was found out from the tower locations that telephone number of the petitioner on the intervening night of 21-22 November was found to be the same that of Ram Kumar Chaudhary and Jyoti. The locations were found to be in Sector 24, Zirakpur and Sector 19,20 and 21, Panchkula. In view of the investigation, at this stage, no ground is made out to release the petitioner on regular bail. Dismissed. (RITU BAHRI) JUDGE 31.10.2013 ajp/G.Arora Arora Gaurav 2013.10.31 17:24 I attest to the accuracy and integrity of this document