LAWS(DLH)-2011-2-285

RAJINDER KUMAR Vs. STATE

Decided On February 24, 2011
RAJINDER KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) AS recorded in DD No.31-A dated 28.10.1991 PS Prasad Nagar, Babu Lal (PW-14) reported as the police station at 6:10 PM and got his statement recorded that he was a resident of Flat No.B-190, DDA Flats, Raghubir Nagar where his family was residing with him and that his son Ramesh (PW-4) had a factory near Old Chowki, address whereof was not known to him. In the evening today a worker Devi Ram was lying drunk in the factory and since the factory had to be locked and Devi Ram was not rising he was giving information of said fact.

(2.) SI Ghanshyam Dass PW-16 and as deposed to by him was patrolling in the area when Const.Mohd.Rashid handed over copy of DD No.31-A to him at 7:00 or 7:30 PM and he reached premises No.16/1450, Arya Samaj Road and found Devi Ram lying dead in a room on the ground floor and he found injury mark on the neck and hence suspected that Devi Ram was strangulated. In the meantime Insp.Ajit Singh (PW- 19) reached. He made an endorsement Ex.PW-16/A beneath DD No.31-A and through Const.Bahadur Singh got registered FIR Ex.PW-7/A and thereafter investigation was taken over by Insp.Ajit Singh.

(3.) BEFORE answering the question we may note that in view of the fact that the appellant and the deceased were co- workers; being the only two workers, at the single room, so called factory, where shoes were manufactured at the place where Devi Ram died i.e. 16/1450, Arya Samaj Road, there was a needle of suspicion upon the appellant, but nothing incriminating surface, in spite of the appellant being subjected to a lie detector test, a fact admitted by Insp.Ajit Singh.