SUKH BAHADUR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the Additional Sessions Judge, New Delhi, on April 22, 1998 and April 25, 1998, respectively, whereby the appellant was convicted under section 302/392 Indian Penal Code read with section 25 of the Arms Act and sentenced to undergo imprisonment for life and fine of Rs.500/- or simple imprisonment for fifteen days for offence under section 302 I.P.C., and also to undergo imprisonment for two years and fine of Rs.500/- or simple imprisonment for fifteen days for offence under section 25 of the Arms Act, and for offence under section 392 I.P.C. a fine of Rs.500/- or simple imprisonment for fifteen days.

(2.) On September 21, 1993 at about 8.00 A.M. the wireless operator of the police received information from the P.C.R. that a message had been received from telephone No. 6802626, DLF Chattarpur, Amar Niwas Farms, sent by the chowkidar of the said house that Shri Hardev Singh Kandhari had been stabbed and that he was dead. On receipt of the aforesaid information a report was prepared and the said report was entrusted to Inspector Udai Vir Singh Rathi, S.H.O., who started investigations in the case and went to visit the place of occurrence along with a police force. The said police party was told at the bungalow Amar Niwas Farms that the deceased Shri Kandhari was found dead in his house where he was sleeping and where the accused was also sleeping on that fateful night. They also came to learn that the accused was employed as a servant by the deceased about one and a half month prior to the date of occurrence and that the said accused was missing from the said bungalow along with his goods immediately after the incident. The police party found Hardev Singh Kandhari dead on the first floor of the said Amar Niwas. It is stated in the report of the police that he died due to injuries received with some sharp edged object and that blood was oozing out from Hardev Singh Kandhari. The S.H.O. Shri Rathi, therefore, submitted a report for registration of the case under section 302 I.P.C. against the accused on September 21, 1993 at about 11.45 A.M. On the basis of the same, a First Information Report, which is Ext. PW14/A, was recorded at the Police Station Mehrauli and the investigations were entrusted to Shri Jai Narain, Sub Inspector, who was examined in the trial as PW-15. After such entrustment of the case, Sub Inspector Jai Narain started the investigations and during the course of the said investigations he took into possession a blood stained quilt and other materials of the household. A site plan of the place of occurrence was also prepared and sample of the blood was also taken from the site of the crime. Since Hardev Singh Kandhari was dead, inquest proceedings were also held. During the inquest proceedings the Investigating Officer also recorded the statements of Shri R.S. Kandhari and Shri Somender Singh. From the dead body laser finger prints were also taken. A post mortem examination was also carried out at All India Institute of Medical Sciences by Dr. Alpana Sinha who was examined during the trial as PW-1. During the medical examination six injuries were found on the body of Hardev Singh Kandhari. According to the opinion of Dr. Alpana Sinha the cause of death was due to coma resulting from cardio-cerebral injuries to head and face which were caused by blunt force impact. It was also opined that both the injuries were sufficient individually and collectively to cause death in the ordinary course of nature.

(3.) On September 26, 1993, the investigation was entrusted to Sub Inspector Satish Sharma who along with Head Constable Tilak Raj and Constable Hans Raj, Shri Raghubir Singh Kandhari, brother of the deceased, and Shri Somender Singh, nephew of the deceased, went in search of the accused who was missing from the bungalow of the deceased after the incident. Search for locating the accused was made at the New Delhi Railway Station and the Old Delhi Railway Station. Around 11.00 A.M. on September 26, 1993 the accused was found sitting at platform No.3 of Old Delhi Railway Station. At the instance of Somender Singh and Raghubir Singh Kandhari the accused was arrested. On personal search of the accused on the platform itself, a revolver was recovered from the right side pocket of his pant. A sketch of the revolver was prepared which is proved as Ext. PW2/B. The said revolver was taken into possession vide memo Ext. PW2/A. The revolver at the time of its seizure contained six cartridges which too were taken into possession. The police also took hold of a bag which the accused was carrying at that point of time. The said bag was searched and the same was found to contain a cash amount of Rs.15,000/-, one ring brass, three pants, three T-shirts, five shirts, three underwears, one baniyan, one seater, four handkerchiefs, one passbook and the passport of the accused. These articles were taken into police custody and possession under a memo which is proved as Ext.PW2/C. Police remand of the accused was taken and thereafter on September 27, 1993 the accused made a disclosure statement according to which the accused disclosed that the stone by which Hardev Singh Kandhari was hit on the forehead was used by him after wrapping the same in the cloth and the said stone was concealed by him under the stairs in the waste papers which were there at Kandhari Farm House of the deceased. The said disclosure statement was reduced into writing and was proved in the trial as Ext.PW15/H. After the aforesaid disclosure statement was recorded, the police along with the accused under the supervision of Sub Inspector Jai Narain, I.O., went to Kandhari Farm House at about 5/5.30 P.M. on September 27, 1993 when the accused pointed out the place under the stairs at the ground floor where waste scrap was kept. The accused took out the pillow cover tied with lace which was containing blood stains and was torn off from one side, and the accused also brought out a stone. The said stone was taken into police possession vide memo proved as Ext. PW2/A. A sketch plan was also prepared which was proved in the trial as Ext.PW2/B.