RAM KISHORE Vs. STATE

JUDGEMENT

(1.) (Rule DR) Shri Mangal Singh (Public Witness -1) is a resident of E-19/46, Jagjit Nagar, Seelampur, Delhi. On the morning of 22-11-80, at about 7.15 A.M. he was going to the house of his friend Shri Mohan Lal. On the way, he found a number of persons present outside the building bearing No. G-101, Gali Shiv Mandir, Jagjit Nagar, Delhi, owned by Shri Pyare Lal. He noticed some blood lying under the main gate of the house. The main door of the house was partially open. He peeped through it and saw Shri Gopal Sharma lying dead in a pool of blood near the main gate. He knew him from before who along with his wife and children was residing there. He immediately rushed to the Police Station Seelampur and got recorded his statement, FW-1/A.

(2.) The Duty Officer, H.C. Mahavir Singh recorded the First Information Report, Public Witness -37/B, as it disclosed the commission of an offence punishable under Sec. 302 Indian Penal Code . The investigation of the case was entrusted to S.I. Mam Chand, who alongwith other constables and Mangal Singh left for the place of occurrence. On reaching there, they saw the dead body of Gopal and that of his wife Bimlesh Kumari lying near to each other. The Sub' Inspector prepared the Inquest Report Ex. Public Witness /1/F & F-l. The scene of occurrence was got photographed, the rough sketch plan was prepared and the dead bodies were sent to the morttuary through Constable Ikrar Hussain. From near the place of occurrence, the Sub Inspector took into possession, a broken mirror. Ex. P-1, a steel dhakkan. P-2, a butt of bidi P-3. a matchbox P-4, a wrapper of bidi bundle P-5, soomi P-6, screw driver P-7, a file/reti P-8, a cutterplier P-9, a nylon black colour wirst watch strap P-10, bloodstained pantP-11 and a quilt cover P-12; vide memos. Ex. Public Witness -1/B to Public Witness -1/E. He also recorded the statement of Satish and. other witnesses present there.

(3.) At this stage, we may note that the Investigating Officer had found fingerprints on P-1 and P-2, but he did not care to lift them for the purpose of comparison with the fingerprints of other criminals whose record is maintained in the Police Station, even though by that time crime team had also reached there. Moreover, Dr. L. T. Ramani, Public Witness -7 had recovered one strand of hair from the right hand of Bimlesh Kumari which had been sealed separately, alongwith the sample scalp hair of Gopal Sharma and Bimlesh Kumari, deceased, and was handed, over to Constable Ram Bhagat (Public Witness -26) as case property, which was deposited in the Malkhana and later on sent to the office of the C.E.S.L. on 5-1-1981.