STATE OF NCT OF DELHI Vs. DEVENDER KUMAR

JUDGEMENT

(1.) Crl. M.A. No. 4648/2012.

(2.) THIS application has been filed by the applicant praying for condonation of delay in filing the revision petition. For the reasons stated, the application is allowed. Delay in filing the revision petition is condoned.

(3.) BRIEFLY stated, the prosecution alleged that information recorded as DD No. 23A (Exh.3/A) was received on 8th October, 2006 at about 4.32 p.m. that one tenant was lying in the R.K. Tyre premises located near the Red light, Shadi Pur Chowk, New Delhi. At the spot, ASI S.K. Verma found the dead body of one Ram Ishwar Sinha in a room on the first floor with a number of wounds. Shri Bihari Lal (examined as PW 7) who was running puncture shop at Shop No. 2151/9A/12 at New Patel Nagar, New Delhi gave a statement to the police (Exh. PW 23/A) to the effect that the deceased was residing as a tenant in the said room for the last six months and was involved in financial matters of the ICICI Bank. So far as the shop was concerned, it had been given on contract basis to one Ramesh with whom the deceased had exchanged hot words about twenty days back. On the complaint of the deceased, Ramesh was put in the lock up of Police Station Patel Nagar. The respondent herein was brother -in -law of Ramesh who used to visit the shop in the night to sleep there. In his statement to the police, PW 7 had stated that the respondent had a quarrel with the deceased on the issue of the arrest of Ramesh and had threatened the deceased to kill him. On 7th October, 2006, Bihari Lal was present in the shop along with his worker Shohrat Ali, when the respondent visited the shop in the night to sleep there but he was not permitted to do so and was asked to leave. The respondent went upstairs to the room of the deceased and thereafter he slept in his shop. PW 7 stated that the deceased had informed him that he would go to his native village and shall ask him to deliver the key of the room before leaving for his village. At about 1.00 p.m. when he noticed the lock at the room of the deceased, he made an inquiry about the key. At about 4.15 p.m., he asked his worker Ali to break open the lock when he found dead body of the Ramishwar Sinha and noticed blood on the bed. He asked Ramesh to inform the police control room. Based on his statement, FIR No. 592/2006 was registered by the police.