RAM AVTAR Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the conviction of the appellant Ram Avtar under sections 302 and 404 Indian Penal Code, 1860 vide judgment dated 10.01.97 passed by Ld. Additional Session Judge. Under Section 302 of Indian Penal Code, the appellant has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1000/-, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. The sentence imposed under Section 404 IPC is to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 500/-, and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days. Both the sentences are to run concurrently.

(2.) Succinctly stated, the prosecution`s version of the story is that on 31.08.93 one PCR van received the information that one lady had committed suicide by hanging herself in Sonia Vihar. HC Subhash Kumar, the in-charge of the PCR van R-31, forwarded this information to the Police Station, Gokal Puri where it was received by the PW-6 Constable Jaswant Singh at 8:47 a.m. On receipt, this information was entered into Roznamcha vide DD No.6 (Ex. PW-6/A). On the receipt of the copy of the same, the investigating officer SI Ram Chander (PW-19) along with Constable Naresh Kumar reached the spot at 1st Pushta, Sonia Vihar and found that the dead body of the Smt. Roopwati Devi was hanging from the iron grill fitted over the gate by a nylon rope. Both the hands and the feet of the dead body were tied with the help of a cloth and blood stained bricks and iron box were lying on the floor. One ear tops was found broken and it was appearing that someone had removed a Pajeb from the dead body as its impression was visible on the dead body. Meanwhile the crime team also reached the spot on being summoned and got the investigation done and photographed the place of occurrence.

(3.) Investigating officer Ram Chander recorded the statement (Ex. PW-9/A) of Sanjay Kumar Pandey (PW-9), minor son of the deceased, who was present on the spot. He disclosed in his statement that murder of his mother is committed by Ramu uncle (Ram Avatar), who usually visited their house. On the fateful day of 30th Aug 1993, some altercation took place between his mother and Ramu over the issue as to why he had not got her money returned from his sister. Thereafter, when he was on the terrace, he heard her mother souting, as coming from downstairs go away from here you bastard and subsequently he found that her mother`s shouting had turned into a cry for help bachaao bachaao as Ramu was tying her with the rope to kill her. He could not help her mother due to fear and in the morning, he found that her mother`s dead body was hanging from the grill and Ramu uncle had left the lace in the previous night itself.