PRADEEP GANDHI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 20.11.1996 convicting the appellant under Section 302 IPC for committing murder of Ms. Shanno Bhandari and the order on sentence of the even date in terms of which the appellant has been sentenced to undergo imprisonment for life and also to pay a fine of Rs.2000/- and in default of payment of fine, to undergo RI for further period of six months.

(2.) Briefly stated, case of the prosecution is that on 31.10.1994 at around 3:25 pm, wireless operator No.58 informed the duty officer, PS Civil Lines that Head Constable Kesar Dev (PW12) of police control room has informed that a person has been stabbed at 27, Sri Ram Road. Aforesaid information was recorded in the daily diary as DD No.9A (Ex.PW14/A) and a copy thereof was handed over to SI Badlu Khan(PW19) for verification, who along with Constable Dalbir Singh No.655N (PW 11) left for the spot of occurrence, i.e., a kitchen forming part of House No.27, Sri Ram Road. SI Badlu Khan found the dead body of a lady aged about 65 years, whose name on inquiry was disclosed as Smt. Shanno Bhandari, lying in a pool of blood in the kitchen and the adjoining residential room appeared to be normal. There were multiple wounds on the dead body, which appeared to have been caused with a 'churra' (dagger) Ex.P-5 found lying on the spot. No eye witness was available at the spot. SI Badlu Khan prepared the rukka Ex.PW15/A, requesting the duty officer to register a case under Section 302 IPC and sent it to the Police Station through Constable Dalbir Singh (PW11). On the basis of said rukka, formal FIR No.362/94 (Ex.PW15/B), PS Civil Lines was registered and copy of the police file together with the rukka was sent to SHO through Constable. The dog squad, photographer and crime team were also informed and requested to reach at the spot. Copies of the FIR were sent to the higher authorities through special messenger Constable Lal Singh (PW16).

(3.) On the receipt of the copy of FIR, the SHO Inspector B.S. Dahiya (PW24) reached at the spot of occurrence. He inspected the spot and prepared the rough site plan Ex.PW24/A. The crime team also reached at the spot and it was got photographed. The 'chhura' Ex.P-5 was seized and its sketch Ex.PW19/C was prepared and thereafter it was taken into possession vide memo Ex.PW19/A after converting it into a sealed packet. The SHO also lifted the blood from five different spots and took those samples into possession vide memo Ex.PW19/B. The Investigating Officer also conducted inquest proceedings and recorded statements of Ram Niwas (PW4), Sri Niwas and Smt. Krishna(PW6), Exhibits PW4/A, PW24/B and PW24/C respectively. He filled up the inquest form Ex.PW24/D and sent the dead body of the deceased to the mortuary, Civil Lines Hospital for post mortem examination. He also made a written request for preserving the blood as well as the clothes of the deceased. The Doctor concerned handed over some gold ornaments, i.e., a gold ring, a pair of tops and a pendent belonging to the deceased to Constable Dalbir Singh (PW11), which were seized after converting them into a sealed parcel vide memo Ex. PW10/A. The clothes of the deceased were also handed over by the Doctor concerned to Constable Dalbir Singh, which were again converted into sealed packets and taken into possession. The dead body of the deceased was identified by Shri Raman Bhandari and Yogeshwar Lal (PW3), son and brother of the deceased.