BRIJ RAJ TRIPATHI Vs. STATE

JUDGEMENT

(1.) On 08.08.2003, information was received in the afternoon at 01:30 PM in the local police station Pashchim Vihar that Mohini Srivastava had been murdered at her residence i.e. flat No. 17-C, Second Floor, Green Apartments, Pashchim Vihar. This information had been conveyed in the local police station by Asit Srivastava (PW-3) nephew of the victim. On reaching the spot the victim was found lying in a pool of blood with a sharp stab wound noted on her breast. Signs of strangulation on the neck of the victim were also noted. The walls of the room were also smeared with blood.

(2.) On the statement of PW-3, rukka Ex.PW-3/A was sent and the FIR Ex.PW-1/A was registered. His version was to the effect that his flat (18-C) was adjacent to the flat of his uncle N.N. Srivastava (PW-8) where their servant Janardhan was also living. After his uncle had left for work, at about 11:30 AM PW-3 was informed by his bhabhi Preeti (PW-4) that despite repeated pressing of the bell at their uncle's house neither Mohini (victim) nor the servant were answering the call. Meanwhile, Janardhan who was on the balcony came outside and stated that the door of the flat appeared to be bolted from inside. PW-3 went to the front gate of his uncle's flat where he noticed that the wooden entry of the flat was ajar and the wire mesh was broken. On entering the room, he saw his aunt lying in a pool of blood; articles were also scattered around.

(3.) Police was informed. DD No. 20-B (Ex.PW-20/A) was marked to ASI Chattar Singh (PW-20) who along with Constable Ramesh (PW-12) reached the spot. PW-3 and his father Mr. R.N. Srivastava (PW-5) were found there; Janardhan @ Chotu was also present. The dead body was inspected. Stab wounds on the chest and ligature mark on her neck had been noted. Blood was oozing out from her injuries and dragging marks on the floor where the dead body was lying were also noted. Broken bangles and a blood stained foot mat were taken into possession and sealed vide memo Ex PW-3/B.