STATE OF DELHI Vs. RAJIT RAM

JUDGEMENT

(1.) This murder reference has been preferred from the Judgment dated 27/28th February, 1991, passed by Shri Padam Singh, Additional Sessions Judge, New Delhi.

(2.) The learned Additional Sessions Judge has convicted the respondent under Section 302/201 I.P.C. and awarded death sentence and imposed a fine of s. 2000/- under Section 302 of the Indian Penal Code, and in default of payment of fine, R.I. for one year. The court also convicted the accused under Section 201, I.P.C. and awarded him R.I. for 5 years and a fine, of Rs.1,000/- and in default of payment of fine, R.I. for six months. Both the sentences shall run concurrently. The murder reference has been placed before us for confirmation of the death sentence and the accused filed appeal against his conviction. Both the murder reference and appeal of the accused are being disposed by this common judgment. Brief facts which arc necessary to decide the Murder reference are set out as under.

(3.) According to the prosecution version, on 4th April, 1988, Han Ram, P.W.2, and Hirday Ram, P.W.1 were taking their meals at Han Rams Jhuggi around 9.30 P.M. P.W. 2 Han Ram, was residing behind Jhuggi E-71, Mayapuri, New Delhi. In that Jhuggi, Han Ram was staying with Hirday Ram, who was his cousin. On 4-4-1991, they cooked the food and were about to have dinner. At that time, the accused, Rajit Ram along with deceased Ram Palm came thee. The accused asked Han Ram to play cards to which P.Ws.1 and 2 agreed and said that they would play cards after taking their meals. Thereafter, all these four persons Han Ram, Hirday Ram, accused and the deceased played cards in P.W. 2 Han Rams Jhuggi until 11 P.M. Han Ram, and Hirday Ram, slept together outset Jhuggi of Han Ram while the accused and the deceased went w sleep ill the shop No. E-68. P.W. 2 Han Ram, has slated in his statement that he has seen the accused pulling down the shutter of the shop where he had gone to sleep with the deceased. He further stated that around 2 or A.M. he heard some sounds/noise. He thought it might be a ghost. So he again went to bed. Again, around 3.30 A.M. he got up and saw the accused opening the shutter of the shop. On Han Rams enquiry, as to what had happened, the accused replied that nothing had happened. On this, he again went to sleep. Around 4 a.m. he woke up as his mosquito net had fallen down. At that time, he saw the accused, Rajit Ram carrying the dead body of deceased Ram Palat towards gali adjacent to his Jhuggi. When the accused was returning after throwing the dead body of Ram Pal at, P. W. 2 Han Ram, enquired from him as to what had happened. At that point of time, the accused with him that he had committed the murder of Ram Palat and requested him with folded hands that since he has seen the murder, he should not tell about the same to anyone. Han Ram has further stated in his statement that the accused was having blood on his person and he was wearing at that time only underwear and no other clothes. Though Han Ram told the accused that he would not tell any body bout the incident but he became very nervous. Han Ram has further slated that the accused went inside the shop no. E-68 and lacked it from inside. He informed two chowkidars that accused, Rajit Ram had committed a murder and they should see that the accused docs not run away since P.W. 2 Han Ram, was going to police Station. Both the chowkidars assured Han Ram that they would take care of the accused and he should go to the Police Station. Han Ram has stated that he woke his nephew Hirday Ram, who was sleeping at that time and took him w the Police Station. Han Ram narrated the incident to the Police.