TARSEEM KUMAR Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant was held guilty for having committed the murder of Gulshan Rai, by the Trial Court. He was sentenced to undergo imprisonment for life under S. 302 of the Penal Code. The appeal filed on behalf of the appellant was dismissed by the High Court. This appeal has been entertained on leave being granted by this Court.

(2.) It is the case of the prosecution that the appellant on 10-9-1974 took three rooms which were situated in the rear of the house bearing No. 30 on rent from Shri Lal (PW 19), the owner of the house, for storing garments in connection with the readymade garment export business. Later the appellant approached PW 19 for other two rooms, which were then in occupation of tenant Kamla Parshad (PW 1). These two rooms were on the front side of the house. It is said that possession of those two rooms were given to the appellant on 13-10-1974 after Kamla Parshad (PW 1) vacated them. It is further the case of the prosecution that the next day i.e. 14-10-1974, the appellant came to PW 19 in the evening and sought his permission for digging the earth in the compound for plantation. For that purpose, the appellant is alleged to have engaged Gopal Singh (PW 2) and Jai Gopal (PW 3). They were shown the place in question on 16-10-1974 by the appellant They agreed to do the work in the evening only, as they were busy during the day time. They promised to come on 17-10-1974 in the evening. On 17-10-1974, PW2 and PW3 went to the house at about 5.00 p.m. when the appellant was present there. They started digging the earth in the compound of the house. The appellant was sitting on one of the steps of the staircase. The work of digging could not be completed that evening. PW 2 and PW3 again came on 18-10-1974 at 5.00 p.m. for completing the digging. The appellant was present at the gate. According to PW 2 and PW 3, some foul smell was coming. They reported the same to the appellant. The appellant asked them to come after 10/15 minutes. The appellant assured them that foul smell shall be cleaned. When they returned after some time they found the house locked. The appellant was not there. They informed about the foul smell emanating from the house to PW 19. He came to the portion of the house from where foul smell was coming along with PW 2 and PW 3.

(3.) At about 9.30 p.m., a person named Vinod informed the Police Control Room from public call office, that some incident had taken place near Dharam Singh's house. Sub-Inspector Jagtar Singh (PW 31) left the police station along with constable Sohan Lal. Sub Inspector (PW 31) reached the aforesaid house No. 30. PW 19 stated that he was the owner of the house but it had been rented out to the appellant. The lock was broken. They further found that two rooms inside the house were locked. The lock of one of the rooms falling on the right side was broken. PW 31 found a trail of blood from that room. Other articles like iron rod, pieces of cloth stained with blood and marks of dragging were found. In the courtyard some hair were lying.. PW 31 found the face of a human being, covered with earth. After some earth was removed a dead body with tied hands was kept there. PW 31 recorded the statement of PW 19 at 10.00 p.m. and sent the same to the Police Station for registration of the First Information Report. PW 31 recorded the statement of PW 1, PW 2 and PW 3 aforesaid. Later the investigation of the case was entrusted to Sub-Inspector Om Parkash (PW 37). PW 37 reached the place of occurrence next morning i.e. 19-10-1974 at about 10.00 a.m. He prepared the inquest report and. seizure list, of articles lying there. He found that the hands of the victim were tied with the chest and by that very rope the feet of the deceased were also tied with the neck. The dead body was under advanced stage of decomposition. The dead body was covered with a 'Tripal' and over the 'Tripal' mud had been kept. He sent the dead body for post mortem examination.