JAI VEER SINGH Vs. STATE

JUDGEMENT

(1.) TO each and every incriminating circumstance put to him when examined under Section 313 Cr.P.C., the stock answer given by the appellant was: "It is incorrect".

(2.) THE appellant denied that his brothers Dalbeer Singh and Mahavir Singh were tenants in a room on the first floor of House No. RZ -26P/36A, Gali No. 39, Mangal Bazar Road, Indra Park, New Delhi where appellant was also residing and that his brothers were working in a private company and thus would leave for work at around 8 -8:30 AM and return by 6:00 PM and since he was unemployed, the appellant used to stay back. The appellant denied that in another room on the same floor resided Sangeeta with her husband Vijay Chamoli and her mother -in -law Prema Devi. Appellant denied that on 8.1.2002 his brothers left for work as usual and so did Vijay Chamoli and that the mother and the wife of Vijay Chamoli were in their room and that the appellant was in his room. The incriminating circumstance of the appellant being absconded and being arrested in Bombay was simply denied. Evidence pertaining to Sangeeta and her mother -in -law being murdered in their room was simply denied. Incriminating circumstance pertaining to a vest with blood stains and having cuts thereon stated to be that of the appellant being recovered from the room in which the appellant and his brothers were residing has likewise been simply denied. Recovery of a knife from the switch board which has been opined as the possible weapon with which appellant received injuries on his abdomen has been denied. Incriminating circumstance put vide question No. 33 has also been responded with the answer: 'It is incorrect".

(3.) CASE of the prosecution is that the brothers of the appellant namely Dalbeer Singh and Mahavir were tenants in a room on the first floor of House No. RZ -26P/36A, Gali No. 39, Mangal Bazar Road, Indra Park, New Delhi and in another room on the same floor resided Vijay Chamoli along with his wife Sangeeta and mother Prema Devi. The brothers of the appellant were employed in a private firm and would leave their residents at around 8/8:30 AM and would return by 6:00 PM. Likewise, Vijay Chamoli also used to leave for work around same time. Being unemployed, the appellant used to stay back. The appellant had an evil eye on Sangeeta who had complained to her husband about said fact. On 8.1.2002, as per their usual schedule, the brothers of the appellant left for work at around 8/8:30 AM, so did Vijay Chamoli. The appellant, Sangeeta and her mother -in -law Prema Devi were the only persons who were on the first floor of the building. Inder Singh PW -2, the husband of the landlady i.e. Smt. Dhano Devi PW -1 went up to the roof of the second floor at around 6:30/6:45 PM to bring clothes hung up for drying and found it strange that there was absolute darkness and silence on the first floor, inquisitively he went to the first floor where he found Sangeeta and Prema Devi lying dead. The appellant was not to be seen. Inder Singh went to the adjoining room where appellant and his brothers used to stay and on switching on the light noticed a vest with blood thereon hanging on a nail near the almirah. He informed the police. The appellant was found absconding till he was arrested by the police at Bombay on 9.8.2002 and information being passed on to the police at Delhi, appellant's custody was taken over and the appellant was formally arrested in the instant case on 12.8.2002. On interrogation his disclosure statement Ex.PW -18/D was recorded as per which he told that he committed the crime and Sangeeta managed to pick up a kitchen knife and stab him as a result he sustained injuries and his vest got cut and stained with blood. He removed his vest and hung it on a nail and that he hid the knife in the room itself and could get it recovered. Thereafter, as recorded in the memo Ex.PW -18/G, appellant took the investigating officer to the room where he and his brothers resided and hidden behind the electric panel board he got recovered the knife Ex.P -1. The appellant was got medically examined on 19.8.2002 and the knife Ex.P -1 was sent to the doctor concerned for opinion and as recorded on the MLC Ex.PW -8/2, 3 injuries being: