STATE Vs. DHARMENDER SINGH MEHRA & ANR.

JUDGEMENT

(1.) The State seeks leave to appeal, against a judgment and order of the learned Additional Sessions Judge, dated 24-11-2011 in SC NO. 172/09 acquitting the respondent/ accused, for committing the offences punishable under Sections 302/34 IPC. The prosecution alleged that on 26.07.04, on receipt of DD No. 19 (Ex. PW 12/A) at 6.30 PM PW 12, SI Chattar Singh together with PW 19 and two constables reached E - 128/ 2, SVM Security Office, Main Market Mohammadpur Village, New Delhi. Rameshpal Singh PW-10 (the complainant) met them at the spot and opened the lock of the office of one SVM Security. One male, identified by the complainant, as Om Prakash was found dead in a pool of blood; blood was also oozing from his mouth and he had injuries on the face. The deceased's shirt of was torn. In the inner room, an individual, identified by the complainant as Subhash Yadav (accused) lay in a drunken condition, besmirched with blood stains on his clothes. There were blood stains on the table; and articles were strewn around. The complainant, an Assistant Sub- inspector in Delhi Police, in his statement Ex. P.W. 10/P stated that his wife Sarbati Chaudhary (PW 3) was running SVM Security Agency in Mohammadpur Village, for the previous 41/2 years. The agency employed a supervisor and 25 Security Guards. Dharmender Singh was working as Supervisor. PW-10 had received a complaint against Subhash Yadav that he had taken liquor while on duty. On 26.07.04 the complainant called up Dharmender on his mobile phone, No. 9868227468 and directed that Subhash Yadav ought to be removed; he also asked Dharmender to meet him. The mobile SIM and the handset had been given by PW-10 to Dharmender for official purposes. Around 8.30 AM Dharmender went to the complainant's house, with the deceased; he was asked to relieve Subhash Yadav from duties immediately and asked to employ someone else. It was stated that PW-10 also directed a cut of 3 day's wages from Subhash Yadav, as penalty. PW-10 further stated that around 6.10 PM when he reached the SVM Security Agency office, the premises were locked and Dharmender was absent. PW-10 had a key to the office,; the other key used to be with Dharmender. PW-10 opened the premises, and found Om Prakash lying dead. Subhash Yadav was murmuring in the inner room; both rooms contained blood stains and articles were strewn around. The complainant locked the premises, and phoned the police from the shop of PW 4. On receipt of information SI Chattar Singh (PW 19) alongwith police party reached the spot.

(2.) The prosecution alleged that during investigation HC Lal Chand (PW 8) lifted two chance prints from the office table in the office, one chance print from a fridge and three chance prints from the glass lying on the table by report Ex. PW 8/A The crime team photographed the scene, seizures of articles were made, and the body was sent for post-mortem examination. It was alleged that Dharmender was arrested on 28.07.04 at around 5.10 pm upon identification by a secret informer; this was witnessed by complainant (Ex. PW. 12/D) he had possession of a brown colour rexin purse in which he had a 'Trump" SIM Card a Harrison key, Rs. 250/- cash, identity card issued by SVM and visiting cards of SVM. He was taken to RK Puram where Subhash Yadav was also found. On the pointing out of accused Dharmender Singh Mehra accused Subhash was arrested by arrest memo Ex. P.W. 12/C. His personal search was conducted. The blood sample of Subhash was seized by memo Ex. PW 12/H and blood sample of Dharmender was seized by memo Ex. PW. 12/1. It was alleged that pursuant to Dharmender's disclosure, his clothes, mobile battery, bag and cash Ex. P. 16 to Ex. P. 23 were recovered, by seizure memo Ex. PW. 10/P4,. During investigation, the prescription slip issued by PW. 1 Dr, Ganpati Bhomik regarding treatment of injury suffered by Dharmender Singh Mehra Ex. P.W. 1/A dated 27.07.04 was seized vide memo Ex. P.1/B. Dr. Ganpati Bhomik duly identified Dharmender as the one who approached him on 27.07.04 at around 9 AM for treatment of his hand injury. Subhash Yadav also made a disclosure. As per postmortem report Ex. PW. 9/A the cause of death was asphyxia due to throttling. The handwriting samples of Dharmender were taken on 28.07.04 by memo Ex. PW 12/K and after examination it with the questioned handwriting, a report Ex. PW. 27/A was obtained; it was produced during the trial. The hand and leg finger prints of accused were taken by memo Ex. PW 12/1. The finger prints and palm impression report is Ex. PW. 25/A & PW. 25/B.

(3.) The prosecution also claimed that details of call records of mobile phone No. 9868227468 Ex. P.W. 7/A1 - A-3 were placed on record. The allotment of mobile to the ' complainant, evidenced by Ex. PW 19/B, was seized on 04.10.04. The rent receipt Ex. P.3 of the premises was seized on 04.10.2004 by Ex. PW. 19/A. The ownership details in respect of Mobile phone No. 9868227468 were collected on 07.04.2004 and seized by memo Ex. P.W. 19/C The telephone No. 26168928 installed at E- 128/2, the SVM office was installed in the name of Serbati and proof in this regard was seized on 11.10.04 by memo Ex. P.W. 19/D. After investigation, the accused were charged for the offences mentioned above; they claimed to be not guilty and sought trial.