RATAN SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This is an appeal by Rattan Singh, aged 38 years, who has been convicted by learned Additional away with his wife. The accused expressed remorse and begged to be excused. Leaving the accused with those persons, Menga Singh left on his scooter for the police-station. As Menga Singh was not aware of the exact location of police-station Tilak Nagar, within whose jurisdiction the accused lived. Menga Singh contacted Bishan Singh at his house and accompanied by him went lo police-station Tilak Nagar. The above police-station is at a distance of about 1 1/2 miles from Vishnu Garden wherein the accused lived. At the police-station Menga Singh lodged report PW2/A at 1.45 a.m.

(2.) Inspector Vishwa Nath (Public Witness 13), after recording the report PW2/A, went to the house of Menga Singh, The Inspector also deputed ASI Hem Raj to go to the house of the accused in Vishnu Garden and keep a watch there. On arrival at the house of Menga Singh, the Inspector found the accused in the company of Swaran Singh, Surjit Singh, Tara Singh and Santokh Singh. The Inspector recorded the statements of those witnesses and put the accused under arrest. The accused then handed over two bunches P. 1, and P. 2 of keys and the same were taken into possession as per memo P. A. Inspector Vishwa Nath thereafter interrogated the accused and the latter stated that he had kept tesa inside a room in his house. Memo P. C. with regard to the statement of the accused was prepared. In the course of the search of the accused the Inspector found that the kachha and the banyan which the accused was wearing, were bloodstained. The accused was thereafter taken by Inspector Vishwa Nath to his house. On arrival there the Inspector opened the lock of the house with the keys delivered to him by the accused. From inside the house the Inspector recovered tesa P. 5. The tesa was lying on a table and was bloodstained. It was taken into possession and was put into a sealed parcel. The dead body of Joginder Kaur was found lying on a cot in the house of the accused. The Inspector prepared the inquest report P. K. He also took into possession an earring and a bunch of hair which were found lying near the dead body. The articles of bedding were found to be bloodstained and were also taken into possession and made into a sealed parcel. Banyan P. 4. and kachha P. 3 of the accused were removed from his person and were put into a sealed parcel. The place of occurrence was also got photographed from Umed Singh (Public Witness 12).

(3.) Post-mortem examination on the body of Joginder Kaur deceased was performed by Dr. S. S. Kaushal at 4.30 p.m. on October 8, 1966. The different articles, which had been taken into possession, were sent to the Chemical Examiner whose report P. S. showed that blood was found on tesa P. 5., banyan 4, kachha P3 and the clothes and articles of bedding of the deceased. According to the report P. T. of the Serologist the blood in question was of human origin.