IN THE HIGH COURT FOR THE STATES OF PUNJAB

AND HARYANA AT CHANDIGARH

CRM-M____________OF 2019
Gagan Sharma
(Presently confined in District Jail, Patiala)
…Petitioner
Versus
State of Punjab
…Respondent
INDEX

Sr. Particulars Dates Pages Court

No Fee
1. Petition u/s 439 Cr.P.C. 25.11.2019
2. IMPUGNED ORDER 07.08.2019
3. ANNEXURE P-1 01.06.2019
(FIR No. 0077)
4. ANNEXURE P-2 29.08.2018
(Agreement )
5. ANNEXURE P-3
(Police Report)
6. ANNEXURE P-4 15.07.2019
(Order)
7. ANNEXURE P-5 15.07.2019
(order)
8. ANNEXURE P-6 04.07.2019
(Order)
9. ANNEXURE P-7 24.07.2019
(Order)
VERNACULARS
10. IMPUGNED ORDER 07.08.2019
11. ANNEXURE P-1 01.06.2019
(FIR No. 0077)
12. ANNEXURE P-2 29.08.2018
(Agreement )
13. ANNEXURE P-3
(Police Report)
14. Power of attorney

Note: No such or similar case for grant of bail to the

petitioner is pending before this Hon’ble court.

CHANDIGARH: (TANVIR SINGH GREWAL)

DATED: 25.11.2019 ADVOCATE
COUNSEL FOR THE PETITIONER
ENROLMENT NO.P/1785/2017
 IN THE HON’BLE HIGH COURT FOR THE STATES OF

PUNJAB AND HARYANA AT CHANDIGARH.

CRM-M__________/of 2019

Gagan Sharma, son of Dev Krishan Sharma, aged about 33

years, resident of House No. 106, Gali No. 3, Pratap Nagar,

Patiala, Punjab.

(Now confined in District Jail, Patiala)

…Petitioner

Versus

State of Punjab

…Respondent

CHANDIGARH: (TANVIR SINGH GREWAL)

DATED: 25.11.2019 ADVOCATE
COUNSEL FOR THE PETITIONER
ENROLMENT NO.P/1785/2017
 First Petition under Section

439Cr.P.C. with a prayer for grant of

regular bail to the petitioner in case

FIR No.0077 dated 01.06.2019

(Annexure P-1), U/s 306 of Indian

Penal Code, 1860 (Added Lateron

after deleting section 346 of IPC),

registered at Police Station Anaj

Mandi, District Patiala, Punjab.

RESPECTFULLY SHOWETH:

1. That the petitioner humbly submits that he has been falsely

implicated in the above mentioned case, which was initially

registered on the basis of the statement made by

GhanaiyaLal s/o DeenaNath, who is the father of the

deceased. The true English translation of the FIR in this

case has been annexed herewith as Annexure P-1. From a

bare perusal of the FIR (Annexure P-1), it is evident that no

offence is made out against the petitioner as has been

alleged in the said FIR. The agreement further stated that

all the outstanding installments of the said vehicle shall

also be paid by the deceased and said co-accused Durgesh

Kumar. As per the agreement, the deceased and the said co-

accused were unable to pay the amount or the installments

and the said car was taken back by the petitioner. It is

pertinent to mention here that beyond the above-mentioned

 averment, the petitioner had no relation or dealing of any

kind with the deceased.

2. That the petitioner humbly submits that the deceased Ram

Babu, along with co-accused Durgesh Kumar, had

purchased a Bolero car bearing the registration no. PB 11

ZN (T) 8249 on 29.08.2019 for a consideration of Rs.

1,60,000/-, out of which Rs. 60,000/- had been paid until

the said date and Rs. 1,00,000/- was outstanding. The

agreement further stated that all the outstanding

installments of the said vehicle shall also be paid by the

deceased and said co-accused Durgesh Kumar. As per the

agreement, when the deceased and the said co-accused

were unable to pay the amount or the installments

specifically mentioned therein, the said car was taken back

by the petitioner. A true translated copy of the said

agreement is annexed herewith as ANNEXURE P-2. It is

pertinent to mention here that beyond the above-mentioned

averment, the petitioner had no relation or dealing of any

kind with the deceased.

3. That the petitioner humbly submits that the complainant

was aware of the said agreement ever since its inception

dated 29.08.2019. However, no averment regarding the

same is made in the instant FIR (Annexure P-1), which was

registered after a delay of two days after the disappearance

of the deceased and against unknown persons without

naming the petitioner as an accused. Furthermore, the

 concoction of the FIR is very visible from this fact

mentioned in the police report under section 173 Cr.PC that

despite being fully aware of the agreement (Annexure P-2)

between the deceased and the petitioner and if the

petitioner was actually pressing the deceased to end his life,

then it is surprising that the complainant required

completely silent and lip-tied about the same on 01.06.2019

while recording his statement before the police of Police

Station AnajMandi, District Patiala. It is only on 03.06.2019

and after a delay of four days that the complainant

disclosed to the police regarding the said agreement

(Annexure P-2) that the petitioner was nominated in the

instant case and offence under section 306 IPC was added

after deleting section 346 IPC from the instant FIR

(Annexure P-1). A true typed copy of the police report is

annexed herewith as ANNEXURE P-3.

4. That the petitioner humbly submits that section 306 IPC is

not made out against the petitioner in the instant case . As

per the Indian Penal Code, 1860, section 306 is as follows:

306. Abetment of suicide —If any person commits suicide,

whoever abets the commission of such suicide, shall be

punished with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to

fine.
 Further more, section 107 of the Indian Penal Code,

1860 proides as follows:

107. Abetment of a thing— A person abets the doing of a

thing, who —

(First) — Instigates any person to do that thing; or

(Secondly) —Engages with one or more other person or

persons in any conspiracy for the doing of that thing, if an act

or illegal omission takes place in pursuance of that

conspiracy, and in order to the doing of that thing; or

(Thirdly)— Intentionally aids, by any act or illegal omission,

the doing of that thing.

From the perusal of above-mentioned sections, it is

clear that the petitioner has not performed even a single act

whichwould suffice the making out of an offence under

section 306 IPC. The petitioner has, in no manner,

instigated the deceased in to committing the alleged suicide

as the death of the deceased lands the petitioner in dispute

with the bank which has been consistently pressing for

recovering the loan amount advanced for the purchase of

the said vehicle through installments which were not paid

by the deceased as agreed as per the agreement (Annexure

P-2). Furthermore, the petitioner has not engaged any other

person for abetting the alleged suicide by the deceased and

neither has he aided the said alleged suicide howsoever.

5. That the petitioner humbly submits that the hon’ble

Supreme Court of India has held in M. Arjunan v State rep.

By its Inspector of Police, 2019(5) R.C.R.(Criminal) 269,

that:

8. The essential ingredients of the offence under

section 306 IPC. are: (i) the abetment; (ii) the intention

of the accused to aid or instigate or abet the

deceased to commit suicide. The act of the accused,

however, insulting the deceased by using abusive

language will not, by itself, constitute the abetment of

suicide. There should be evidence capable of

suggesting that the accused intended by such act to

instigate the deceased to commit suicide. Unless the

ingredients of instigation/abetment to commit suicide

are satisfied, accused cannot be convicted under

section 306 IPC.

9. In our considered view, in the case at hand, M.O.1-

letter and the oral evidence of PW-1 to PW-5, would

not be sufficient to establish that the suicide by the

deceased was directly linked to the instigation or

abetment by the appellant-deceased. Having

advanced the money to the deceased, the appellant-

accused might have uttered some abusive words; but

that by itself is not sufficient to constitute the offence

under section 306 IPC. From the evidence brought on

record and in the facts and circumstances of the

 case, in our view the ingredients of section 306 IPC.

are not established and the conviction of the

appellant-accused under section 306 IPC cannot be

sustained.

6. That the petitioner humbly submits that other than some

very ambiguous and unproven digital recordings which are

alleged to be of the deceased, there is nothing on record to

show that the petitioner had abetted the suicide of the

deceased. It is pertinent to mention here that there is no

suicide note of any kind left by the deceased before

committing the alleged suicide. Therefore, the petitioner is

not linked with the alleged suicide in any manner beyond

the one prescribed in this petition.

7. That the petitioner humbly submits that he was arrested in

the instant case on 03.06.2019, the same very day that he

was nominated by the complainant. In case the petitioner

was guilty of the said offence, the petitioner had more than

ample time at his disposal to abscond in the present case.

On the other hand, the petitioner has, from the very genesis

of the investigation in the instant case fully cooperated with

the investigating agency and the lawful authorities.

Furthermore, all the recoveries in the instant case have

been effected by the investigating agency and the challan

has already been presented. The petitioner is presently in

judicial custody and is no longer required for investigation

and hence, deserves the concession of bail.

8. That the petitioner humbly submits that three co-accused

in the instant case namely Murti Devi and Roshan Sharma

have already been granted anticipatory bail vide order dated

15.07.2019 passed by the ld. Sessions Judge, Patiala. A

certified copy of the said orders qua co-accused Murti Devi

is annexed herewith as ANNEXURE P-4 and a photocopy of

the said orders qua co-accused Roshan Sharma is annexed

herewith as ANNEXURE P-5. Co-accused Dev Krishan was

released on regular bail vide order dated 04.07.2019 passed

by the ld. Sessions Judge, Patiala. A photocopy of the said

orders has been annexed herewith as ANNEXURE P-6. Co-

accused Durgesh Singh alias Durgpal Singh was released

on regular bail vide order dated 24.07.2019 passed by the

Ld. Sessions Judge, Patiala. A photocopy of the same is

annexed herewith as ANNEXURE P-7.

9. That the petitioner humbly submits that there are no other

cases pending against the petitioner and the petitioner has

never been involved in any other criminal case ever.

Furthermore, the petitioner is not required for investigation

as all the recoveries in the instant case stand recovered and

the petitioner is in judicial custody. Therefore, keeping the

petitioner behind the bars in light of the above mentioned

averments serves no useful purpose.

10. That the petitioner humbly submits that he has been

arrested in the instant case on 03.06.2019 and is in

custody since then. The petitioner applied the bail before

 the court of Ld. Addl. Sessions Judge, Patiala which was

dismissed vide order dated 07.08.2019 by passing an illegal

and non-speaking order. The Ld. Court failed to appreciate

that it was a false case and after examination of the

material witnesses, his custody would serve no purpose.

11. That no such or similar petition has earlier been filed by

the petitioner either in this Hon’ble Court or in the Hon’ble

Supreme Court of India.

12. That no such or similar case is pending before the

Learned Sessions Judge, Patiala for grant of bail to the

petitioner.

PRAYER

It is, therefore, respectfully prayed that the present

petition may kindly be allowed and the petitioner may kindly

be granted bail in case FIR No.0077 dated 01.06.2019

(Annexure P-1), U/s 306 of IPC, 1860 (Added lateron after

deleting section 346 of IPC), registered at Police Station Anaj

Mandi, District Patiala, Punjab, in the interest of justice.

It is further respectfully prayed that the petitioner

may kindly be exempted from filing the certified/typed copy of

Annexures P-1 to P-4 and P-6 to P-7. It is further prayed that

the petitioner may kindly be exempted from filing the true

typed/photostat copy of Annexures P-5. It is further prayed

that Annexures P-1 to P-7 may kindly be taken on record, in

the interest of justice.

NOTE: Affidavit is not necessary as the petitioner is in

custody.

CHANDIGARH: (TANVIR SINGH GREWAL)

ADVOCATE
DATED: 25.11.2019 COUNSEL FOR THE PETITIONER
ENROLMENT NO. P/1785/2017
 ANNEXURE P-1
First Information Report

(U/s 154 Cr. PC)

1. District: Patiala P.S. Anaj Mandi Year: 2019

FIR No. 0077 Dated: 01.06.2019 00:00hrs

2. Act(s) Section(s)

(I) IPC, 1860 346

3. Occurrence of offence: Unknown date and time.

(a) Day: Wednesday Dated From:29.05.2019

Date To:29.05.2019

Time Period: Pahar 1 Time From:00:00 hrs. Time To:

00:00 hrs.

(b) Information received at P.S. Date 01.06.2019 Time: 000:00

hrs.

(c) General Diary Reference Entry no(s):040

Date & Time:01.06.2019 00:00: hrs.

4. Type of Information: Written

5. Place of occurrence:

(a) Direction and distance from PS: East, 2 Km Beat

No.

(b) Address: #1, New Kartar Park Colony, Patiala

(c) In case, outside the limit of this Police Station,

Name of P.S. District

6. Complainant/ Informant:
 (a) Name: Ghaniya Lal

(b) Father’s Name: Deena Nath

(c) Date/Year of Birth: 1965

(d) UID No.

(e) Nationality :India

(f) Passport No. Date of issue:

Place of Issue:

(g) ID Details (Ration Card, Voter ID Card, Passport UID

No. Driving License, PAN)

Sr. No. ID Type ID Number:

(h) Address:

1. Present Address: #1, New Kartar Colony,

Patiala, Anaj Mandi, Patiala, Punjab, India

2. Permanent Address: #1, New Kartar Colony,

Patiala, Anaj Mandi, Patiala, Punjab, India

7. Details of known/Suspect/Unknown accused with

full particulars (attach separate sheet if necessary):

Sr. Name Alia Relative’s Present

No. s Name Address

1. Unknown1

2. Unknown 2

8. Reason of delay in reporting by the complainant/

informant:

9. Particulars of the properties stolen/involved (attach

separate sheet if necessary):

 Sr. No. Property Type (Description) Est. (Value (Rs.)

Status

10. Total value of property stolen:.

11. Inquest Report/U.D. Case No., if any:

12. FIR contents:

13. At this time, one written statement of Ghanaiya Lal son

of DeenaNath caste Baniya resident of House no. 1, New

Kartar Park Colony, Patiala, aged about 54 years Mobile

no. 78371-08615 recorded before HC Husiar Singh 3176

PS AnaazMandi, Patiala regarding registration of case

against unknown persons/persons under section 346

IPC by hand of PHG Karamjit Singh 18540 was received

in the Police Station, the contents of which re as follows,

“stated that I am a resident of the said address and am a

vegetable vendor at the KissanSabziMandi. I have two

sons. My elder son is Ram Babu who is aged about 29

years and did the work of selling vegetables with me and

my younger son is Asis Kumar whose age is about 20

years who also does the work of selling vegetables with

me. On 29.05.2019, Wednesday at about 2.00 PM, my

son went from home by boarding scootyActiva no. PB 11

CQ 2423 after saying that I am going to Gagan Sharma

son of Dev Krishan Sharma resident of house no. 106-C,

Street no. 3, Pratap Nagar, Patiala. He did not return

home and for whom we have been looking for till now

among our relatives and in the city but we didn’t get to

 know anything. My son Ram Babu’sScooty no. PB 11 CQ

2423 and other documents have been found near

Pasianabridge. I suspect that my sin Ram Babu has been

held captive in wrongful confinement at some unknown

place by some unknown persons. My son Ram Babu’s

physical description is age about 29 years, height 5’ 7”,

wheatish complexion, medium built, muslim fashion,

who is wearing a dark blue and grey T-shirt and blue

color jeans. I was coming to Police Station AnaazMandi,

Patiala along with my wife to inform regarding the

disappearance of my son Ram Babu. You have met me

near Government Press, Sirhind Road, Patiala. I have

recorded my statement before you, I have read it, heard

it, it is correct. Legal action may be taken against

unknown person or persons. Sd/- GhanaiyaLal, witness

to statement Kunti Devi Sd/- Kunti Devi. Verified Sd/-

Husiar Singh HC/3176 PS AnaazMandi, Patiala dated

01.06.2019. Action taken by the police:

13. Action Taken (Since the above information reveals

commission of offence(s) u/s as mentioned at item No. 2:

(i) Registered the case and took up the investigation

OR

(ii) Directed (Name of the I.O: Rank: Asst.

No.: to take up the investigation, OR

(iii) Refused investigation due to: OR

 (iv) Transferred to P.S. (name): on point of Jurisdiction
District:

F.I.R. read over to the complainant/informant, admitted

to be correctly recorded and a copy given to the

complainant/informant, free of cost:

R.O.A.C:

14. Signature/Thumb Impression Signature of

Officer, of the Complainant/Informant:

Name:

Rank:

15. Date and Time of dispatch to the court: dated

True translated copy

Advocate
 Annexure P-2

AGREEMENT

I, Churagpal Singh son of SH. Amar Singh, resident of

House No. 585, Gali No. 4, Tripari Town, Patiala and agreed on

the following accordingly that: and Ram XXX Kumar, son of

Sh. XXXXX Lal, resident of House No. 1, Gali No. 1, New Park

Colony, Patiala.

That a Mahindra Bolero Max bearing Engine and Chasis

No. 2-D 74337 Model 2018 bearing temporary no. PB 11 ZN

(T) 8249. We have decided to purchase the above mentioned

Mahindra Bolero Max from Sh. Gagan Sharma, son of Sh. Dev

Krishan Sharma, resident of House No. 106-C, Pratap Nagar,

Patiala at an amount of Rs. 1,60,000/- out of which on dated

29.08.2018 Rs. 60,000/- have paid and the outstanding

amount of Rs. 1,00,000 (One lakh Rupee) to be paid on

10.03.2019. On the above Car, a Loan of M/s Mahindra and

Mahindra Finance Company with a total of 58 installments are

left, of which Rs. 11,100/- per month installment is fixed and

is purchased alongwith these pending installments. The

responsibility of paying the above installments after today is

on our own (Purchasers). Today on dated 29.08.2018, we took

the possession of the above car and after this date,

responsibility of all the challans, taxes, accident etc. are our

own and before today all the responsibility is of the seller. If we

do not pay two consecutive installments of the above loan, the

above seller will be entitled to take his car back. On which we

have no objection. This agreement is written by both the

parties with their own will and signed before the witnesses

after reading, listening understanding of this.

Agreement is written so that will be used when needed.

Date: 29.08.2018

Witnesses

Parties : Duragpal Singh

Witness

Seller: Gagan Sharma

True translated copy

Advocate
 Annexure P-3

Challan U/s 173 Cr. PC

P.S.: Anaj Mandi, Patiala Dist. Patiala

FIR No. 77 dated: 01.06.2016 u/s 306 IPC Police Station Anaj

Mandi, Patiala

1. Name of the Ghanhayia Lal son of Deena

complainant Nath, House No. 1, New Kartar

Park Colony, Patiala.

2. Accused who have 1. Dev Krishan Sharma son of

not challaned Sitar Ram Sharma Resident of

House No. 106 C Gali No. 3,

Pratap Nagar, Patiala arrest

date: 03.06.2019

2. Roshan Sharma son of sh.

Dev Krishan Sharma, resident

of House No. 106 C Gali No. 3,

Pratap Nagar, Patiala arrest

date: 19.07.2019

3. Murti Devi wife of Dev

Krishan Sharma, resident of

House No. 106 C Gali No. 3,

Pratap Nagar, Patiala arrest

date: 05.07.2019

3. Accused in custody 1. Gagan Sharma, son of Dev

Krishan Sharma, resident of

 House No. 106 C Gali No. 3,

Pratap Nagar, Patiala arrest

date: 03.06.2019

2. Durgesh Kumar son of Amar

Singh, resident of Kaajmgarh,

Post Office Sikhrana, Tehsil

Java, Dist. Aligarh, UP present

resident of House No. 109, Gali

No. 2, Tripuri Town, Patiala

arrest date: 03.06.2019

4. Accused on bail

5 Case

6. Name and address of List of witnesses is attached.

witnesses

7 Brief facts Sir,

Brief facts of the present case are as follow that on dated

29-05-2019 Constable Hushiyar Singh number 3176 along

with constable Succha Singh number 48, P.H.G. Karamjit

Singh 18540by boarding a private vehicle with Laptop and

printer, for patrolling and in search of suspected and hooligan

persons, were present at Government Press, Sirhind Road,

Patiala, then Ghanaiya Lal son of Dina Nath resident of House

no.-1, new Kartar Park Colony, Patiala, along with his wife

Kunti Devi came present and got recorded his statement that
I am a resident of the said address and am a vegetable vendor

at the Kissan Sabzi Mandi. I have two sons. My elder son is

Ram Babu who is aged about 29 years and did the work of

selling vegetables with me and my younger son is Asis Kumar

whose age is about 20 years who also does the work of selling

vegetables with me. On 29.05.2019, Wednesday at about 2.00

PM, my son went from home by boarding scooty Activa no. PB

11 CQ 2423 after saying that I am going to Gagan Sharma son

of Dev Krishan Sharma resident of house no. 106-C, Street no.

3, Pratap Nagar, Patiala. He did not return home and for

whom we have been looking for till now among our relatives

and in the city but we didn’t get to know anything. My son

Ram Babu’s Scooty no. PB 11 CQ 2423 and other documents

have been found near Pasiana bridge. I suspect that my sin

Ram Babu has been held captive in wrongful confinement at

some unknown place by some unknown persons. My son Ram

Babu’s physical description is age about 29 years, height 5’ 7”,

wheatish complexion, medium built, muslim fashion, who is

wearing a dark blue and grey T-shirt and blue color jeans. I

was coming to Police Station Anaaz Mandi, Patiala along with

my wife to inform regarding the disappearance of my son Ram

Babu. You have met me near Government Press, Sirhind

Road, Patiala. I have recorded my statement before you, I have

read it, heard it, it is correct. Legal action may be taken

against unknown person or persons.

Legal action may be taken. That statement was recorded word

to word and made heard to him, after being heard and found

correct, appended his signature in hindi below his statement

and his wife Kunti Devi while verifying the statement, put her

signature in Hindi. The same was certified by Constable

Hushiyar Singh and on the basis of statement, offence under

Section 346 IPC was found to have been committed. That the

above statements, for registration case against unknown

person/persons, sent through P.H.G. Karamjit Singh 18540 to

Police Station Ananj Mandi, Patiala and case was registered

and search was conducted for missing person. During the

investigation advertisement for missing Ram Babu was issued.

Statements of witnesses were recorded under section 161

Cr.P.C. On dated 3-6-2019 the further investigation of the

present case was assigned to the SI Jaswinder Singh Police

Station Anaj Mandi. On dated 3-6-2019 a telephonic call of a

diver received at the Police Station, that an unidentified dead

body has been found floating in Bhakhra canal near the village

Dhanetha. On this SI Jaswinder Singh along with his fellow

officials went to the spot to conduct the proceeding for the

dead body. And he gave direction to complainant Ghanaiya Lal

to come to the spot to identify the unidentified dead body. SI

Jaswinder Singh along with fellow employees reached at the

place of occurrence where the complainant also reached after

being summoned. Then SI Jaswinder Singh with the help of

Diver took the dead body out from the Bhakhra canal. On this
the complainant Ghanaiya Lal while identifying told that the

dead body is of his son Ram Babu, whose scoty and slippers

and mobile phone etc. were found at Bhakhra canal near

Pasiana bridge on 29.05.2019. I recognize the dead body of my

son Ram Babu. Then said Ghanaiya Lal recorded his

statement before SI Jaswinder Singh that I want to inform you

about this also that my son Ram Babu along with Durgesh

Kumar son of Amar Singh resident of House no. 109, Street

no. 2, Tripri, Patiala, had purchased one Bolero car from

Gagan Sharma alias Gaggi for Rs. 1,60,000/-. Of which Rs.

60,000 were paid to Gagan Sharma alias Gaggi on 29.08.2018

and it was decided to pay Rs. 1,00,000 in March 2019. The

deal was also to pay the remaining installments of the car.

Due to inability of my son to pay the said installment, a

quarrel had taken place with Gagan Sharma alias Gaggi. Due

to which, Durgesh had taken the car back from my son and

from Durgesh, Gagan Sharma alias Gaggi had taken his car

back. From my son’s scooty, his mobile phone was recovered.

In the recording of that mobile phone, Gagan Sharma alias

Gaggi is compelling my son to die by abusing him and my son

has held Gagan Sharma alias Gaggi, his brother, father-

mother and Durgesh responsible for his death. My son Ram

Babu has ended his life due to being harassed by Gagan

Sharma alias Gaggi, his brother, mother-father and Durgesh.

Upon which said Ghanaiya Lal got recovered to SI Jaswinder

Singh his son Ram Babu’s mobile phone marka Oppo black
color which operates a sim of Jio company no. 7814865121

and one pendrive marka SANDISK. Upon which Jaswinder

Singh prepared a parcel by putting the mobile phone and

pendrive in a clothe bag. The parcel was sealed by SI

Jaswinder Singh with his seal bearing the initials JS. The

sealed parcel was taken in to police custody vide a separate

recovery memo. The witnesses appended their signatures on

the memo. On the basis of the statement of the complainant

Ghanaiya Lal, accused Gagan Sharma alias Gaggi son of Dev

Krishan Sharma, Roshan Sharma son of Dev Krishan Sharma,

Moorti Devi wife of Dev Krishan Sharma resients of 106 C,

Street no. 3, Pratap Nagar, Patiala and Durges Kumar son of

Amar Singh resident of viallage Kajamgarh, PO Sikharna,

Tehsil and District Aligarh, UP currently residing at House no.

109, Street no. 2, Tripri, Patiala, were nominated in the

present case and section 346 IPC was removed and offence

under section 306 IPC was added. Then SI Jaswinder Singh

inspected the dead body of the deceased Ram Babu completed

form 25.35(1) A. The statements of recognizers of dead body

were recorded under section 175 Cr.P.C. After completing the

documents related to the death, the dead body of Ram Babu

was sent to dead house RH Patiala through Ct Baldev Singh

771. Then SI Jaswinder Singh along with complainant of the

case left for search of accused of the present case and reached

Patiala where from Hotel Flyover accused gagan Sharma son of

Dev Krishan Sharma, Dev Krishan Sharma son of Sita Ram

Sharma resident of House No. 106 C, Gali No. 3, Partap Nagar,

Patiala and Durgesh Kumar son of Amar Singh resident of

Village Kazamgarh, Post Office Sikharna, Tehsil Java , District

Aligarh, UP at present resident of House No. 109, Gali No. 2,

Tripri, Patiala, were arrested as per rules. The memo of search,

memo of arrest of accused persons and notice of intimation to

legal heirs were separately prepared. The accused and the

witnesses put their signatures on the memos. Statements of

witnesses were recorded under section 161 of Cr.P.C. On

Dated 4-6-2019 the postmortem of the dead body of deceased

Ram Babu got conducted at Rajindra Hospital, Patiala and

thereafter, dead body was handed over to the legal Heirs of

Ram Babu. And above accused Gagan Sharma, Dev Krishan

and Durgesh Kumar were presented before the Hon’ble Court

and an application, in regard to the voice recording of Gagan

Sharma, was submitted to the Hon’ble Court, on which the

accused Gagan Sharma refused to give sample of his voice in

the Hon’ble Court. And the police remand of accused Gagan

Sharma for 3 days till dated 7-6-2019 was obtained from the

Hon’ble Court and accused Dev Krishan and Durgesh Kumar

were put in the Central Jail, Patiala till dated 18-6-2019,

under judicial remand. During the investigation on dated 6-6-

2019, in interrogation made his disclosure statement that he

has kept hidden his mobile phone and the one gold ring

obtained from the side of Ram Babu under the cloths and in

the upper box of Almirah in the bed room of his residential

house. Only I have the knowledge in this regard. After getting

demarcation, I can get my mobile phone and the gold ring of

Ram Babu recovered. On this the disclosure statement of

above accused Gagan Sharma @ Gaggi was recorded under

section 27 of the EV Act. Signatures of the accused and

witnesses were obtained on the memo of recovery. Thereafter,

above accused Gagan Sharma @ Gaggi, while walking ahead in

custody of Police Party, as per his disclosure statement, on

opening the iron almirah placed in one bedroom of his

residential house andafter repelling cloths with his hands form

the upper box of the almirah, got recovered his mobile phone

make ROCKTEL color Orange of which IMEI No.1

911596752305768 and IMEI No.2 911596752305776 in which

SIM of Vodafone Company no. 9988448037 is active and

aladies gold ring, then the same presented to the SI Jaswinder

Singh. On the spot, the weight of Gold ring evaluated and the

same was found of about 3.8 grams. That on the spot the case

property Gold ring was identified by Ghanaiya Lal that this

Gold Ring is the same ring which was given to Gagan Sharma

@ Gaggi by his son Ram Babu. That a parcel was prepared of

the recovered mobile phone and the ladies Gold Ring after

putting in pouch of cloth. The Parcel was sealed by SI

Jaswinder Singh under his seal i.e. JS. The sealed parcel was

taken in police possession vide memo and the witnesses put

their signatures on the memo. The ocular site plan of recovery

was prepared. Statements of witnesses were recorded under

section 161 of Cr.P.C. On coming back the case property was

deposited with Clerk of Malkhana.On dated 7-6-2019 accused

Gagan Sharma was presented before the Hon’ble Court and

under judicial remandlocked up in Central jail, Patiala till

dated 21-6-2019. Appropriate legal action may be taken

against accused.On dated 4-7-2019, Hon’ble Court of Sh.

Rajinder Aggarwal JS, Patiala had granted anticipatory bail to

above accused Murti Devi. On this, dated 5-7-2019, as per the

order of the Hon’ble Court, accused Murti Devi wife of Dev

Krishan Sharma resident of Partap Colony, Patiala was joined

in investigation and arrested in the present case as per rules.

The search memo,memo regarding arrest of the accused notice

of intimation to legal heirs were prepared. The accused was

released on bail as per the orders of the Hon’ble Court.

Statements of witnesses were recorded under section 161 of

Cr.P.C.On dated 15-7-2019, Hon’ble Court of Sh. Rajinder

Aggarwal JS, Patiala had granted anticipatory bail to above

accused Roshan Sharma. On this, dated 19-7-2019, as per the

order of the Hon’ble Court, accused Roshan Sharma son of

Dev Krishan Sharma resident of Partap Colony, Patiala was

joined in investigation and arrested in the present case as per

rules. The search memo, memo regarding arrest of the

accused notice of intimation to legal heirs were prepared. The

accused was released on bail as per the orders of the Hon’ble

Court. Statements of witnesses were recorded under section

161 of Cr.P.C.On dated 19.07.2019 Stamp vender Sukhwinder

Singh identified the Stamp Paper of Rs. 50/- which was

purchased by Ram Babu and Durgesh @ Duragpal and

Statements of Stamp vender Sukhwinder Singh was recorded

under section 161 of Cr.P.C.

True relevant extract

Advocate