UTTAM KUMAR Vs. STATE

JUDGEMENT

(1.) Process of criminal law was set into motion when at around 11.20 P.M. on 19/4/1999 ASI Dani Ram PW-4, noted vide daily diary entry Ex.PW-4/A, that one Anil Garg r/o A-24, Adarsh Nagar, Rama Road, Delhi has informed over telephone that his daughter Priyanka (herein after referred to as the Deceased) has been forcibly confined in a bathroom by her tutor; that the door of the said bathroom is bolted from inside and that said person is not opening the door of the bathroom inspite of repeated knocking at the door.

(2.) Inspector Jeewan Singh Gill PW-18, was handed over a copy of the afore-noted DD entry. Accompanied by Const.Bhura Singh PW-13, Const.Giri Kumar PW-14, Const.Mukesh PW-15 and SI Mukesh Kumar PW-17, Inspector Jeewan Singh Gill reached the house in question and what happened thereafter is recorded in the endorsement (tehrir) Ex.PW-16/A made by Inspector Jeewan Singh Gill PW-18, which reads as under:- Respected Duty Officer Police Station Adarsh Nagar it is humbly submitted that after receiving a copy of D.D. No.21A dated 19/4/99 I Inspector accompanied with SI Mukesh Kumar, Const.Giri Kumar No 2372/NW and Const.Bhura Singh No 1415/NW and Const.Mukesh Kumar 1634/NW reached H. No.A-24, Rama Road, Adarsh Nagar, where I met Anil Garg and his wife and children and told that the tutor of their children Uttam Kumar has locked their daughter Priyanka in a bathroom on the first floor of the house and that he is not opening the door of the bathroom inspite of repeated knocking at the door. When the door of the bathroom was not opened inspite of my knocking at the door the same was forcibly opened and broken upon which I saw that the dead body of Kumari Priyanka was lying in the pool of blood in the bathtub in the bathroom and that there were injury marks caused by sharp weapon on the neck, chest and ear of Priyanka. Huge quantity of blood was lying in the bathtub and that there were drops of blood at various places in the bathroom. Accused Uttam Kumar s/o Hazari Lal who was holding a blood stained knife in his right hand was found standing in the bathroom The aforesaid police officers apprehended the accused. Thereafter the statement of Anil Garg was recorded and on the basis of the said statement and circumstances found at the spot it appears that an offence punishable under Section 302 IPC has been committed. Therefore the said endorsement is being handed over to Const.Giri Kumar No.2372/NW for registration of FIR. The FIR be registered and the number of the FIR be intimated to the undersigned. Crime Team and photographer be sent at the spot and special report be delivered. I am conducting investigation at the spot. Time of Occurrence: 19/4/99 at 9.30 to 11.20 PM Place of Occurence: Bathroom first floor H. No. A 24 Rama Road Adarsh Nagar Time of departure of endorsement: 20.04.99 at 1.30 A.M. (Translated Version)

(3.) The afore-noted endorsement on basis whereof the FIR was registered was preceded by Inspector Jeewan Singh Gill PW-18, recording the statement Ex.PW-2/A of Anil Garg, the father of the deceased, gist whereof is that the deceased was a student of second year, St. Stephen college and that her marriage was to be solemnized on 28.04.1999. Accused Uttam Kumar used to give tuitions to his son Vibhor at his residence. On 19.04.1999 at around 09.30 P.M. the deceased and her mother returned to the house after shopping. At that time Uttam Kumar was teaching Vibhor in a room on the first floor of the house. After keeping the things purchased by her in the house the deceased went to the room where the accused was teaching Vibhor. When the deceased entered Vibhors room, Vibhor went to the kitchen to drink water. Thereafter he i.e. Anil Garg along with Vibhor went to the room where the accused was teaching Vibhor. When he i.e. Anil Garg did not find the accused in the room he made inquiries from Vibhor about the whereabouts of the accused upon which Vibhor told him that the accused might be present in the bathroom attached to the said room. Thereafter he inquired about the deceased as she was nowhere to be seen in the house. When he and his family members could not find the deceased anywhere in the house a doubt arose in his mind that perhaps the accused may have locked the deceased and himself in the bathroom. The door of the bathroom was knocked and the accused responded and on being asked to open the door, the accused replied Since you are marrying the deceased with some other boy I have murdered her and that I would not open the door. Thereafter he informed the police about the aforesaid incident.