Disclosure Statement - A statement to the police by accused which does not lead to any discovery is inadmissible

, J.

1. The appellants are Shyam (20) and Harender Kumar (18 ). They have filed this appeal to challenge their conviction by learned Sessions judge, Faridabad on September 29, 2000 for the murders of Kailash (12)and Satey alias Sat Parkash (14 ). The dead bodies bearing multiple incised and lacerated wounds were found near the D. A. V. School, Faridabad on the morning of November 11, 1999. The learned Sessions Judge had tried the two appellants as well Ram Chander (42) who was acquitted. Fourth person was Ram Chanders son Ghansi alias Ghansham (juvenile) who was produced before the Juvenile Court.

2. On the evening of January 10, 1999 Shyam, Harender and ghansi (juvenile) went to Sateys house and took him alongwith them to the house of Kailash deceased. Thereafter all five of them were seen playing near the chowk adjacent to Kailashs house by his father Vijender Sharma (PW-4 ). father of Kailash. Vijender Sharma had seen the five youth at about 8.00 P. M. but after about 20 minutes he could not locate the boys. He and persy alias Paras Ram (grand father of Satey) began looking for the boys and enquired from Ghansis father Ram Chander about their whereabouts as they were with his son Ghansi. Ram Chander replied that his son might be lying drunk somewhere. Vijender Sharma and Paras Ram searched for the boys for whole night but in vain.

3. On the next morning at 10.00 A. M. , when they were passing through Ashok Enclave Park, Sector 37 near D. A. V. School, Faridabad they saw dead bodies of Kailash and Satey. The corpses were lying in the park with injury marks on their bodies and faces caused with sharp edges weapons.

4. The matter was reported to the police by Vijender Sharma and in his statement at 10-30 A. M. on January 11, Vijender Sharma suspected that Shyam, Ghansi and Harender alongwith one or two other persons had murdered his son Kailash and Satey. Statement of Vijender Sharma was recorded by S. I. Sat Narain (PW-11) and was sent to the Police Station, sarai Khawaja, whereupon F. I. R.11 was registered at 10-40 A. M. Special report of the case was delivered to Judicial Magistrate, Faridabad at 6-50 p. M. on January 11, 1999. S. I. Sat Narain took up investigation of the case. The place of the occurrence was got photographed. He prepared rough site plan and lifted blood stained earth from nearby the bodies of the deceased. Inquest reports were prepared whereafter the bodies were sent for post mortem examination. Post mortems were conducted by a Medical Board consisting of dr. Ravinder Mathur (PW-1), Dr. P. K. Maghu and Dr. S. K. Manocha. The post mortem on the dead body of Satey revealed the following injuries:-

"1]. L. W. of 7cm x 3.5cm into bone deep on the left frontoparietal region. Underlying bone was depressed.2]. L. W.3cm x 1.5cm x 1cm over left eye-lid.3]. L. W.4cm x 2cm x 1cm over left parietal region.4]. There were multiple incised wounds of the size of 2cm x 1cm x 2cm on the left side of neck.5]. Incised wound of 4cm x 2cm x 9 cm deep present on the left side of neck just below the ear lobule. Underlying great vessels were cut. Muscles were lacerated. Trachea was also cut alongwith esophagus. All the wounds had clotted blood.6]. Incised wound of 4cm x 2cm x 5 cms on the mid line of neck cutting the underlying trachea.7]. Incised wound of 4cm x 1.5cm x 2cm on the right cheek.8].3 incised wounds of 4cm x 1.5cm x 2cm over right side of neck. "

5 In the opinion of the Medical Officers, death was due to shock and haemorrhage as a result of multiple injuries. All the injuries were ante mortem in nature and were sufficient to cause death in the ordinary course of nature. The probable time between injury and death was within a few minutes. Post mortem had been conducted within 24 hours of death. Post-mortem on the dead body of Kailash revealed the following injuries:-

"1]. A L. W.10cm x 4cm bone deep on the forehead. Underlying bone was fractured into multiple pieces.2]. Multiple lacerated wound of size 5.6cm