Dharam Pal vs The State Of Haryana

3. The investigation was initially carried out by A-4, Inspector Ram Kumar who was assisted by A-5, Dharam Pal ASI and A-6, Mawasi Ram ASI. On completion of the investigation, a closure report under Section 173 was filed on 11.01.1997 in which it was stated that the death was caused due to an accident. As the father of the deceased suspected that his son was murdered, he requested the Government of Haryana to order an enquiry. The District Magistrate, Faridabad ordered a magisterial enquiry to find out about the cause of death of Bharat Bhushan. The magisterial enquiry revealed that the deceased died due to Asphyxia. It was also found in the enquiry that the deceased might have been killed and his body was later placed on Surajkund-Faridabad road. As there was a suspicion of involvement of police officers, the report suggested that the investigation should be entrusted to an agency other than the district police.

4. Ultimately, the investigation was entrusted to Central Bureau of Investigation (CBI). An FIR was registered on 28.11.1997 under Section 302/34 by the CBI and further 3 investigation was commenced. Further investigation done by the CBI revealed that the deceased who was returning from Delhi along with Kamlesh, the pillion rider holding the glass sheets, stopped the scooter 2 kms. short of Anangpur Chowk at around 11:30 pm on 10.09.1996 to ease himself. Immediately after restarting, Upper Graded Constable Abdul Hai (A-1), Constable Kamal Singh (A-2) and Dharam Raj alias Sarpanch (A-3) came from the opposite direction on a motorbike and signalled the deceased to stop. A-1 and A-2 were in uniform and were armed with rifles. As the deceased did not stop the vehicle, the accused turned the motorbike and as soon as their motorbike came parallel to the scooter of the deceased, A-2 Kamal Singh gave a blow on the head of the deceased with the butt of his rifle. The deceased fell down from the scooter on his left side and became unconscious. Kamlesh Kumar also fell down and received injury on his left knee. Most of the toughened glass sheets were broken into pieces except two glass sheets which were reduced in size. A-1 to A-3 got down from the motorbike and finding the deceased unconscious, dragged him to the nearby bushes. His scooter was also dumped at a distance on the side of the road. When A-2 attempted to 4 assault Kamlesh (PW-6), he pleaded for mercy. Kamlesh was spared on the condition that he would not disclose the incident to anyone. He was instructed to sit on the pillion of the motorcycle and was taken to the Sales Tax Naka at Anangpur Chowk by A-1 to A-3. Kamlesh was made to hold the two glass sheets and the helmet of the deceased. Thereafter, he was taken to the Police Station where he was illegally detained till 15.09.1996. It was also disclosed during the investigation that the dead body of Bharat Bhushan was dumped at the place where it was found between 4:00 to 5:00 p.m. on 11.09.1996 by A-1 to A-3. In the inquest report, Ram Kumar (A-4) mentioned that there was an injury on the right side of the head with blood marks and swelling on the right eye. The post-mortem was conducted on 12.09.1996 by a team of doctors and as per their report there was no mark of external injury on the body of the deceased. The tongue had protruded between the teeth. The lips were swollen and averted. Blood stained froth was coming out of nostrils. Nails were cynoised. Larynx, trachea, right lung, left lung, liver spleen, kidneys, mouth, pharynx and oesophagus were found congested and the bladder was found empty. After receipt of the report of the 5 chemical examiner, the team of doctors gave an opinion to the effect that the cause of death was due to Asphyxia. It was found during investigation that A-4 to A-6 manipulated the investigation and submitted a closure report. The recovery memo regarding seizure of blood stained earth containing the blood of the deceased revealed that the blood was of ‘A’ group whereas the blood group of the deceased was of ‘B’ group. A-4 to A-6 conspired with A-1 to A-3 to cover up the crime.

12. For the aforementioned reasons, the appeals are dismissed.

The accused are directed to surrender forthwith to serve out the remainder of their sentences.

..……................................J [L. NAGESWARA RAO] ..……................................J [NAVIN SINHA] New Delhi, August 10, 2017 15