JAWAHAR BALWANI Vs. STATE

JUDGEMENT

(1.) On 19.10.1993 on the second floor of house No. F-1U 173, Pitam Pura, Delhi, the dead body of Rita was discovered. This discovery had been made by her husband Madan Lal (PW-13) who on returning home at 08:15-08:30 pm from his shop at Sadar Bazar found the lights in the building off; on entering the room and switching on the light, he found articles scattered on the ground; in the drawing room, the dead body of his wife Rita was lying; the television was on at full volume; his son Bharat Parwani (PW-6) was lying in an injured condition and was groaning for water. He was not in a condition to speak. Brother of PW-13 Raj Kumar (PW-9) living on the first floor also reached there. Neighbours collected. Relatives of PW-13 also reached the spot. PW-13 sent PW-6 to the Sarvodya Hospital for medical aid; meanwhile the police had also arrived.

(2.) The version of the prosecution was unfolded in the statement of PW-6 (Ex.PW-6/A). This statement was recorded by Inspector Mahender Singh (PW-15) after fitness of the patient had been obtained on an application moved by him (Ex.PW-15/A); PW-6 had been declared fit at 10:30 pm. In his version (Ex.PW-6/A), it had been disclosed by PW-6 that on the fateful day i.e. on 19.10.1993 at about 01:30 pm when he was in the house with his mother and watching television, his two cousin uncles i.e. Jawahar Balwani and Mahesh Balwani had come to their house. His mother offered tea to them. The accused sat with them for half an hour having discussions with his mother. Thereafter accused Jawahar asked his mother to remove her ornaments; on her refusal, both the accused persons caught hold of his mother as also of him; in the course of this grappling, accused Jawahar snatched the gold chain which his mother was wearing; Jawahar was armed with a scissor and he started stabbing his mother with the scissor. His mother handed over her bangles and ear tops to Jawahar. Several scissor blows were inflicted upon his mother and upon him i.e. on his neck and abdomen. Accused Mahesh also caused injuries to PW-6 on his left wrist with a blade. He became unconscious and fell down on the sofa. At about 08:00 PM his father came to the house; he was then removed to the hospital; he came to know about the death of his mother several days thereafter. Further deposition of PW-6 being that he remained in the hospital for about 15 days.

(3.) This was the eye-witness account of PW-6. Relevant would it be to point out that the first information about the incident i.e. DD No. 46 (Ex.PW-22/A) had been received in the chowki of Pitam Pura at 09:15 pm informing them that a murder had taken place at the aforenoted spot. The eye-witness account (Ex.PW-6/A) had then formed the basis of the rukka (Ex PW-15/B) which was dispatched at 11:10 pm.