RAKESH KUMAR Vs. STATE
LAWS(DLH)-2009-8-253
HIGH COURT OF DELHI
Decided on
August 27,2009
RAKESH KUMAR
Appellant
VERSUS
STATE
Respondents
Referred Judgements :-
SUNIL KUMAR V STATE OF RAJASTHAN [REFERRED TO]SHARAD BIRDHICHAND SARDA V STATE OF MAHARASHTRA [REFERRED TO]
STATE OF U.P. V. NAHAR SINGH [REFERRED TO]
BIJOY OKAND PATRA VS. STATE OF WEST BENGAL [REFERRED TO]
ABDUL GANI VS. STATE OF MADHYA PRADESH [REFERRED TO]
DEONANDAN MISHRA VS. STATE OF BIHAR [REFERRED TO]
SARDUL SINGH CAVEESHAR PARMESHWAR NATH KAUL VALLABHDAS PHULCHAND MEHTA CHARWHARA GUHAN VS. STATE OF BOMBAY [REFERRED TO]
KANTA PRASHAD RIZAK RAM VS. DELHI ADMINISTRATION:DELHI ADMINISTRATION [REFERRED TO]
NARAYAN SWAMI VS. STATE OF MAHARASHTRA [REFERRED TO]
SHIVAJI SAHABRAO BOBADE VS. STATE OF MAHARASHTRA [REFERRED TO]
GULI CHAND VS. STATE OF RAJASTHAN [REFERRED TO]
RAHIM KHAN VS. KHURSHID AHMED [REFERRED TO]
MAGAN BIHARI LAL VS. STATE OF PUNJAB [REFERRED TO]
YASH PAL MITTAL VS. STATE OF PUNJAB [REFERRED TO]
POHALYA MOTYA VALVI VS. STATE OF MAHARASHTRA [REFERRED TO]
SHIVNARAYAN LAXMINARAYAN JOSHI STATE OF MAHARASHTRA VS. STATE OF MAHARASHTRA:LOONKARAN HANSRAJ [REFERRED TO]
STATE OF MAHARASHTRA VS. MOHAMMAD YAKUB [REFERRED TO]
MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR VS. STATE OF MAHARASHTRA [REFERRED TO]
EARABHABRAPPA ALIAS KRISHNAPPA VS. STATE OF KARNATAKA [REFERRED TO]
MACHHI SINGH VS. STATE OF PUNJAB [REFERRED TO]
KEHAR SINGHTS VS. STATE DELHI ADMINISTRATION [REFERRED TO]
STATE OF UTTAR PRADESH VS. ANIL SINGH [REFERRED TO]
CHANDRA MOHAN TIWARI VS. STATE OF MADHYA PRADESH [REFERRED TO]
GOKARAJU VENKATANARASA RAJU VS. STATE OF ANDHRA PRADESH [REFERRED TO]
S GOPAL REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE VS. NALINI [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. JAI LAL [REFERRED TO]
STATE OF MAHARASHTRA VS. SURESH [REFERRED TO]
JASWANT SINGH VS. STATE OF HARYANA [REFERRED TO]
STATE OF UTTAR PRADESH VS. BABU RAM [REFERRED TO]
JOSEPH S O KOOVELI POULO VS. STATE OF KERALA [REFERRED TO]
RAJINDER PERSHAD VS. DARSHAN DEVI [REFERRED TO]
RAM GAULAM CHAUDHARY VS. STATE OF BIHAR [REFERRED TO]
MANI KUMAR THAPA VS. STATE OF SIKKIM [REFERRED TO]
MOHIBUR RAHMAN VS. STATE OF ASSAM [REFERRED TO]
MOHAN SINGH VS. PREM SINGH [REFERRED TO]
SAHADEVAN ALIAS SAGADEVAN VS. STATE REP [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
AMIT ALIAS AMMU VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE N C T OF DELHI VS. NAVJOT SANDHU ALIAS AFSAN GURU [REFERRED TO]
STATE OF RAJASTHAN VS. KASHI RAM [REFERRED TO]
UJJAGAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
Cited Judgements :-
SH. BHAGAT SINGH AND ORS. VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2011-5-410] [REFERRED TO]MADAN LAL VS. STATE N.C.T. OF DELHI [LAWS(DLH)-2010-3-326] [REFERRED TO]
GIRWAR SINGH AND ORS VS. C B I [LAWS(DLH)-2015-4-550] [REFERRED]
KIRAN MEHLAWAT VS. STATE [LAWS(DLH)-2010-2-63] [REFERRED TO]
RAJIV @ MONU VS. STATE NCT OF DELHI [LAWS(DLH)-2018-10-48] [REFERRED TO]
NIKHIL RANA VS. STATE [LAWS(DLH)-2023-6-84] [REFERRED TO]
AMRISH @ BABU AND ANR VS. STATE OF U P [LAWS(ALL)-2018-8-142] [REFERRED TO]
JASPAL SINGH GOSAIN VS. CBI [LAWS(DLH)-2018-2-205] [REFERRED TO]
OM PRAKASH VS. STATE [LAWS(DLH)-2014-5-168] [REFERRED TO]
GIRWAR SINGH AND ORS. VS. C.B.I. [LAWS(DLH)-2016-4-64] [REFERRED TO]
ABDUL RAHAMAN KUNJI VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-11-27] [REFERRED TO]
JUDGEMENT
PRADEEP NANDRAJOG, J. -
(1.)ATMA Ram Gupta (hereinafter referred to the "Deceased "), a member of the Indian National Congress, was a Councillor of the Municipal
Corporation of Delhi, having been elected from Ward No.27, Tri Nagar,
Delhi, in the Elections held in February 2002.
(2.)AT 10:15 AM on 24.8.2002 he left his residence in an Indica Car bearing registration No.DL 6SA 0025 owned by him, which was driven by his driver Prabhu Yadav PW-17. While leaving the house he told his wife Sumitra Gupta PW-18, that he was going to attend a rally organized by the Congress Party at Firozshah Kotla Grounds Delhi.
He did not return to his residence till late evening and could not be contacted on his mobile phone since the same was switched off. His wife got worried. She contacted the younger brothers of Atma Ram Gupta as also her children and apprised them of the situation. The children of Atma Ram Gupta as also his younger brothers came to his residence and made inquiries from persons who were in contact with Atma Ram Gupta during the day. They could not ascertain the whereabouts of Atma Ram Gupta till midnight and thus Rajinder Pal Gupta PW-9, the younger brother of Atma Ram Gupta, lodged a missing person report at PS Keshav Puram. HC Ashok Kumar PW-6, recorded DD No.31, Ex.PW-6/A at 1:00 AM on 25.8.2002 in which it stands recorded that on 24.8.2002 at about 10:30 AM Atma Ram Gupta left his residence in his white coloured Indica Car bearing registration No.DL 6SA 0025 which was driven by the driver Prabhu Yadav and that he went to the residence of Sharda Jain, a Member of Indian National Congress and also a Municipal Councillor from Keshav Puram Ward New Delhi. That on reaching the residence of Sharda Jain, Atma Ram sent back his car with the driver and thereafter, in the company of Sharda Jain and another person, Atma Ram Gupta left the residence of Sharda Jain in an Indica Car bearing registration No.DL 3SAB 0016 belonging to Sharda Jain, which was driven by Prakash Chauhan the driver of Sharda Jain and they left for Firozshah Kotla grounds to attend a rally. When Atma Ram Gupta did not return home till evening his family members contacted Sharda Jain who told them that Atma Ram Gupta had accompanied her to the rally held at Firozshah Kotla grounds and attended the same for sometime. Leaving the venue of the rally the said four persons proceeded in the car of Sharda Jain towards ring road and at a red light near Jamuna Bazar, Hanuman Mandir, opposite Nigam Bodh Ghat the driver of Sharda Jain got down from the car as he was not feeling well. The unidentified person started driving the car. Sharda Jain further told them that after some time Atma Ram Gupta got down from her car.
(3.)ON 25.8.2002 itself, Inspector Shiv Raj Singh PW-55, recorded the statement, Ex.PW-62/DB, of Sumitra Gupta PW-18, as also the statement Ex.PW-9/C of Rajinder Pal Gupta PW-9, the younger brother of Atma Ram Gupta.
(2.)AT 10:15 AM on 24.8.2002 he left his residence in an Indica Car bearing registration No.DL 6SA 0025 owned by him, which was driven by his driver Prabhu Yadav PW-17. While leaving the house he told his wife Sumitra Gupta PW-18, that he was going to attend a rally organized by the Congress Party at Firozshah Kotla Grounds Delhi.
He did not return to his residence till late evening and could not be contacted on his mobile phone since the same was switched off. His wife got worried. She contacted the younger brothers of Atma Ram Gupta as also her children and apprised them of the situation. The children of Atma Ram Gupta as also his younger brothers came to his residence and made inquiries from persons who were in contact with Atma Ram Gupta during the day. They could not ascertain the whereabouts of Atma Ram Gupta till midnight and thus Rajinder Pal Gupta PW-9, the younger brother of Atma Ram Gupta, lodged a missing person report at PS Keshav Puram. HC Ashok Kumar PW-6, recorded DD No.31, Ex.PW-6/A at 1:00 AM on 25.8.2002 in which it stands recorded that on 24.8.2002 at about 10:30 AM Atma Ram Gupta left his residence in his white coloured Indica Car bearing registration No.DL 6SA 0025 which was driven by the driver Prabhu Yadav and that he went to the residence of Sharda Jain, a Member of Indian National Congress and also a Municipal Councillor from Keshav Puram Ward New Delhi. That on reaching the residence of Sharda Jain, Atma Ram sent back his car with the driver and thereafter, in the company of Sharda Jain and another person, Atma Ram Gupta left the residence of Sharda Jain in an Indica Car bearing registration No.DL 3SAB 0016 belonging to Sharda Jain, which was driven by Prakash Chauhan the driver of Sharda Jain and they left for Firozshah Kotla grounds to attend a rally. When Atma Ram Gupta did not return home till evening his family members contacted Sharda Jain who told them that Atma Ram Gupta had accompanied her to the rally held at Firozshah Kotla grounds and attended the same for sometime. Leaving the venue of the rally the said four persons proceeded in the car of Sharda Jain towards ring road and at a red light near Jamuna Bazar, Hanuman Mandir, opposite Nigam Bodh Ghat the driver of Sharda Jain got down from the car as he was not feeling well. The unidentified person started driving the car. Sharda Jain further told them that after some time Atma Ram Gupta got down from her car.
(3.)ON 25.8.2002 itself, Inspector Shiv Raj Singh PW-55, recorded the statement, Ex.PW-62/DB, of Sumitra Gupta PW-18, as also the statement Ex.PW-9/C of Rajinder Pal Gupta PW-9, the younger brother of Atma Ram Gupta.
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