SUBHASH CHANDER Vs. STATE

JUDGEMENT

(1.) Puran Singh is the owner of house No. P-16, Gali No 17, Brahmpnri, Delhi. It consists of four living rooms, a kitchen. a W.C and a bathroom on the ground floor and another room on the first floor. He alongwith his family which consisted of his wife, two daughters and a son aged 3 years were living there. Usha Rani (Public Witness -l) aged 14/15 years is elder of the two daughters. Subhash Chander, the appellant before this Court was a tenant at a monthly rent of 'Rs 80.00 in one of the front side room on the ground floor. Few days prior to the date of incident, Subhash Chander started cutting indecent jokes with Usha Rani with an evil intention to outrage her modesty. She, however, could not understand his intention and did not pay any heed to such advances.

(2.) Narrating the sequence of events leading to the murder of her brother Jitender Kumar @ Rinku, at the hands of the accused Subhash, Usha Rani told the police in her statement Ex. Public Witness -1/A, as also before the court, that on 19-1-1989 at about 3 P.M she and her brother were present in the room on the first floor. At that time, her father had gone on duty in the D.M.C. while her mother and younger sister had gone to the bazar in Seelampur. By about that time, her brother Rinku, came downstairs for going to the bathroom and she followed him. The accused at that time was standing in the courtyard. He lifted Rinku and was about to take him to his room when she protested. The accused then caught hold of her right forearm and started pulling her towards his room. She, however, gave a jerk and released herself from the hold of the accused. Usha Rani again asked Snbhash Chander to leave her brother whereupon the accused insisted that until and unless she accompanied him to the room, he would not leave Rinku. Usha Rani threatened to raise an alarm in case Riaku was not let, off, but the accused took Rinku to his room and bolted the door from inside, by saying that he would teach her a lesson for not coming imide the room Usha Rani peeped through the crevices of the door and found that the accused had laid her brother on the floor and started stabbing him on the head. She immediately raised an alarm for help (bachao bachaa), on hearing of which, Bhushan Lal Jain and Raghbir Singh reached there. Usha Rani told them that her brother has been taken by the accused inside his room and was inflicting knife injuries on his pesron Bhushan Lal Jain and Raghbir Singh tried to break open the door of the room but did not succeed. They then peeped through the door and noticed the accused inflicting knife injuries on the head of Rinku. By that time, many persons had collected. They asked the accused to open the door but when he refused to do so they broke open the door and found Rinku lying in a pool of blood with a knife struck in his head. The accused was overpowered there and then.

(3.) Babu Singh, Public Witness -10, who is living 20 paces away from the house of Puran Singh, on hearing the alarm, reached there and after coming to know of the incident, informed the local police on telephone. This information was received by the Duty Officer A.S.I. Suraj Bhan (Public Witness -6) and recorded in the daily diary. A copy of the said information was handed over to Inspector Bhim Singh (Public Witness -13) for investigation. On reaching there, the accused was produced before him by Bhushan Lal Jain and Raghbir Singh, Public Witness s. He also found the dead body of Rinku, with a knife struck in his skull, lying in the loom. He recorded the statement of Usha Rani and sent a Ruqa to the Police Station for the registration of the case. He then got the scene of occurrence photographed from various angles, lifted the blood, control earth and took into possession the blood stained quilt, a dari, and a pair of chappies lying near the dead body. He also took into possession the blood stained coat and pant of Subhash which he was wearing at that time. He then prepared the rough site plan and started Inquest proceedings. The dead body was sent to the mortuary for post-mortem examination through Constable Vipin Kumar (Public Witness -12). He then arranged to send the said case property to the office of the C.F.S.L and after receiving the reports, completed the investigation and filed the challan.