SUKHDEV TURI ALIAS SAMIM Vs. STATE

JUDGEMENT

(1.) Inter alia, Krishan Lal Chhabra PW-7 has deposed as under:- My son Vikas used to live at 7/11 Jawala Nagar along with me and he was running a factory of a grill fancy items at 27/47 Main Road, Jawala Nagar. In the same premises I used to run Kiryana shop. Accused Saddiq and Shamim both present in the court (correctly identified by the witness) used to work in the factory of son Vikas. Shamim was working in the capacity of helper and Saddiq was karigar. Both of them are the resident of Bihar and they used to live G-24, Jagat Puri in a rented room. On 10.4.2000 both accused persons came to the factory of my son and after entering to the factory they started working there. They were having the key of the factory in their possession. At about 8:00 p.m. night on that day as there was no electricity both the accused persons came outside the factory and remained sitting there for about one hour and after that they went inside as the electricity resume in that area. I close my shop at 11:00 p.m. on that day and till that day both of them working inside the factory. When I left from my house I kept one katta (bori) having badarpur in the gallery and I informed Saddiq and Shamim that I am leaving to my house and after informing them I left for my house. At about 12:00 p.m. (Night) my son returned from the temple as he was on fast and after having food he left to the factory for checking. We all slept after he left for the factory when we checked in the morning he was not found on his bed. In the morning when we did not find him in the house we went to the factory and saw the factory was locked from the outside. We made search for him here and there but we could not find him on 11.4.2000 at about 7:30 a.m. in the morning the factory worker Saddiq telephone me and he told that today is Tuesday and we are not coming to the factory and Vikas had gone to Tilak Nagar as one party from Hyderabad had arrived to supply and he had gone to take the order from that party. When I asked the phone number of the party Saddiq had told me that we have not having the phone number and disconnected the phone. (Since the deposition has been reproduced verbatim hence the grammatical and syntax errors.)

(2.) He has further deposed that after missing persons report was lodged on 11.4.2000 at 4:00 PM attempt was made to search for his son Vikas and on 12.4.2000 at about 5:00 AM when along with Shunty and Jagdish he reached G-24, Jagatpuri, Kamrudin met them and informed that the appellants had gone to their village after telling him that they had a fight with their employer whom they murdered and thereafter he went to the factory of his son and took along with him a master key and opened the same and on entry detected foul smell and that the dead body of his son was recovered from a loft inside the factory. The police came and seized the dead body vide memo Ex.PW-7/A and lifted blood stained control earth vide memo Ex.PW-7/B. On 27.4.2000 he saw the accused with the police party proceeding to the place of occurrence from where Samim got recovered a rod Ex.P-1, a hammer Ex.P-2 and a sua Ex.P-6 having blood stains which were seized vide memo Ex.PW-5/B. He further deposed that Sadik got recovered a T-shirt and a navy blue pant which was seized vide memo Ex.PW-5/A.

(3.) Kishan Lal has been subjected to cross-examination spanning 2 pages and the questions are directed at his testimony of what Kamrudin told him and further events which took place on 12.4.2000 and the recoveries which were affected on 27.4.2000. Not a single question has been put to him pertaining to the events of 10.4.2000 and his claim that on 11.4.2000 at 7:30 AM Sadik telephoned him and told him that his son had gone to Tilak Nagar where a party from Hyderabad had arrived. Not even a suggestion has been put to the witness that said part of his testimony is false. Thus, the deposition of Krishan Lal Chhabra as noted in para 1 above has gone unchallenged.