Murder Convictions and Police Involvement in Haryana

This case revolves around the murder of Bharat Bhushan Arora, the owner of Bharat Furniture Udhyog, and the subsequent investigation and conviction of the accused. The murder took place on 10th September 1996, and the accused, including police officers, were found guilty of the murder and subsequent cover-up. The Supreme Court reviewed the convictions and the circumstances surrounding the case, particularly focusing on the involvement of police officers in manipulating the investigation and covering up the crime.

Background: Bharat Bhushan Arora, along with his employee Kamlesh, was returning to Faridabad from Delhi when they were stopped by the accused police officers. After the deceased refused to stop, he was attacked, which led to his death. The body of Bharat Bhushan was found later, and the initial investigation by the local police concluded that the death was accidental. However, following a magisterial inquiry and involvement of the Central Bureau of Investigation (CBI), it was determined that the death was caused by asphyxia and that the accused were involved in the murder.

The case involved multiple investigations, including a closure report by the local police, which was later rejected after a magisterial inquiry and CBI intervention. The accused were found guilty of murder, robbery, and conspiracy, with several police officers being implicated in the manipulation of the investigation.

Petitioner’s Argument: The appellants, in their appeals, argued that the evidence presented by the prosecution was insufficient and contradictory. They contended that the testimony of key witnesses, particularly PW-6, was unreliable due to the delayed reporting of the incident and the lack of corroborating evidence. They also argued that the cause of death, asphyxia, was not consistent with the medical evidence and that there was a contradiction between the ocular testimony and the medical report.

Respondent’s Argument: The state, represented by its counsel, presented the case based on the testimonies of witnesses, including PW-6, who identified the accused and described the events leading to the death of Bharat Bhushan. The state maintained that the involvement of the accused in the murder was clear from the evidence, including the manipulation of the investigation by the police officers. The CBI’s investigation, along with the forensic evidence, established the guilt of the accused beyond a reasonable doubt.

Court’s Ruling: The Supreme Court dismissed the appeals and upheld the conviction of the accused. The Court found that the evidence, including the testimony of PW-6, the post-mortem report, and the circumstantial evidence, was sufficient to establish the guilt of the accused. The Court also noted the complicity of the police officers in covering up the crime and manipulating the investigation, which further solidified the case against them.

Key Points from the Judgment:

• The Court emphasized the reliability of PW-6’s testimony, despite the delay in reporting, recognizing that the witness was under duress due to threats from the accused.
• The cause of death was determined to be asphyxia, and the Court found no contradiction between the medical evidence and the ocular testimony.
• The Court highlighted the circumstantial evidence, including the actions of the accused to cover up the crime and manipulate the investigation.
• The involvement of the police officers in the cover-up was a significant factor in the Court’s decision to uphold the conviction.
• The appeals were dismissed, and the accused were directed to surrender and serve out their sentences.

Conclusion: The judgment underscores the importance of reliable testimony and the role of circumstantial evidence in criminal cases. It also highlights the serious consequences of police officers being involved in the cover-up of a crime, as it undermines the integrity of the judicial process. The conviction of the accused, including police officers, reflects the Court’s commitment to ensuring justice and accountability, even in the face of attempts to manipulate the legal process.

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Download Judgment: Dharam Pal vs The State of Haryana Supreme Court of India Judgment Dated 10-08-2017.pdf