Gourav Alias Gora v. State Of Haryana
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$ "Sir, facts of the case are that on 27.07.2022 Head Constable Ravinder alongwith Constable Vikas 176/SPT was present at the gate of Police Station Kharkhoda, when the complainant of the case Deepak son of Vijender resident of Gari Sisana District Sonipat came present and presented a written complaint, whose contents are To, SHO, P.S. Kharkhoda, Sir, it is stated that I Deepak son of Bijender, am resident of village Garhi Sisana, District Sonipat. We are two brothers. My elder brother Mukesh aged 32 years) had left home on 25.07.2022 at 08:00 p.m. in the night and has not returned till now. Our entire family have searched for my brother. My brother's mobile no.9306606207 is also switched off since then. I have a doubt that my brother has been hidden by someone for profit. My brother Mukesh be searched for.
Appearance9 Wheatish complexion, round face, well9built body, slight limpness in right foot, height 6 feet 1 inch, aged 32 years, wearing blue lower and green shirt, wearing slippers in foot. On which abovesaid FIR u/s 346 was registered and firstly investigation was conducted by HC Ravinder PS Kharkhoda during investigation on recovery of dead body of missing person Mukesh in waterlogged fields of Village Gari Sisana on 27.07.2022 itself. FSL team was called to the spot. After inspection of spot, post mortem of dead body of deceased Mukesh was got conducted at Government Hospital Sonipat and one bottle water was filled from the spot sealed with Seal RK and was taken in to police possession as evidence through memo. Complainant Deepak abovesaid presented mobile phone of deceased touch screen make moto black color having blue color on it.
The same was sealed with Seal RK and taken into police possession through memo. The deadbody, after postmortem, was handed over to heirs for last rights. Case property was deposited in malkhana of police station. Thereafter, investigation was conducted by SI Krishan Singh, CIA Kharkhoda.
% of complainant Deepak and statement u/s 161 Cr. P.C. was recorded of Deepak. That in the present case after having enough evidence for arrest accused Gaurav @ Gora son of Jai Bhagwan resident of Village Atail District Rohtak was arrested as per law on 08.08.2022 and special report of the present case was sent to senior officials. Creta Car No. HR99593192 white color used in the occurrence was taken into police possession through memo as evidence. Car Creta was entered in malkhana police station. On 09.08.2022, accused Gaurav @ Gora abovesaid got recorded his disclosure statement. From the facts of the case and interrogation of the accused, Section 304/202 IPC was added in the case. The accused was taken for one day police remand from the court.
The place of occurrence was got demarcated as per disclosure and accused got recovered one mobile phone make One Plus black color having sim No. 9050008013 and second phone make Oppo white color having sim no. 9991998322 alongwith original RC of Car HR99593192 from his residential house at Village Atail District Rohtak, which were taken into police possession through memo. Both the recovered phones were sealed with seal KS by making separate parcels. Site plan of recovery was prepared. Case property was entered in malkhana and statement of witnesses was recorded. On 10.08.2022, complainant Deepak produced a pendrive make captain 8GB silver color alongwith one certificate under Section 65B Evidence Act. Pendrive was taken into police possession through memo as evidence and statement of witnesses were recorded. On 10.08.
2022 accused was produced before the Court and sent to judicial jail Sonipat. CDR of mobile numbers of deceased Mukesh and accused Gaurav @ Gora was procured. After that the file of the case was received in CIA9I Sonipat for further investigation, which was conducted by SI Somdutt. During investigation, on 02.09.2022, Viscera was deposited in FSL Madhuban through RC No. 22/FSL Madhuban 2209024815. On 05.09.
, deceased Mukesh were deposited in CFSL Panchkula through RC 187 dated 05.09.22 CSFL No. 221CF733. On 07.10.2022, in the present case, scaled site plan of the spot was got prepared by Halga Patwari and to clarify the facts of the case, enquiry / investigation was got done through Smt. Nikita Khattar, IPS, Addi. SP Sonipat by going to the spot. CAF, CDR and Certificate u/s 65B Evidence Act of Mobile Phones of accused Gaurav and deceased Mukesh during the time of occurrence was procured. Report of case property sent to FSL Madhuban and report of mobile phones from CFSL Cyber Lab Panchkula Haryana is pending. On receipt of reports, the same shall be deposited in the Court. Creta Car has been given on Superdari as per order of the Hon ble Court. On having enough evidence on the file report u/s 173 Cr.P.C. is being presented against accused Gaurav @ Gora in the Court.Cognizance be taken by summoning the witnesses."
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"The words 'not sufficient ground for proceeding against the accused' clearly show that the Judge is not a mere post office to frame the charge at the behest of the prosecution, but has to exercise his judicial mind to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. In assessing this fact, it is not A necessary for the court to enter into the pros and cons of the matter or into a weighing and balancing of evidence and probabilities which is really his function after the trial starts
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$ Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No