KARMA AGARWAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE law that a person cannot be convicted of his own murder is defied by Karma Agarwal. Karma Agarwal in order to avoid the liability of criminal cases he was undergoing killed a vagabond and left his driving license, purse, photocopies of the election I -card at the spot so that the dead body is treated to be that of Karma Agarwal and he is thus declared dead in the eyes of law. His wife and brother -in -law associated with him and identified the said dead body to be that of Karma Agarwal but for the beans being spilled over by his father -in -law PW -2 Rajpal, Karma Agarwal would have gone scot free easily as dead though living.

(2.) THE process of law was set into motion on receipt of an information recorded as DD No.6A at 7.04 AM on May 22, 2010 at PS Bhalsawa Dairy that a dead body was lying near the MCD workshop at Bhalsawa Dairy Jheel. SI Sandeep Kumar PW -21 reached the spot with Constable Narender and found one dead body in burnt condition. He lifted the exhibits from the spot i.e. earth control, blood stained earth, one brown colour purse containing Rs.230/ -, two photocopies of election I -card of Karma Agarwal, three photographs and one driving license in the name of Karma Agarwal and burnt cloth pieces. The same were taken in possession in four separate pullandas and sealed. One paper on which number 9910291584 was written was also found lying near the purse and was seized vide memo Ex.PW -21/B. Contact was made on the telephone number noted on the slip recovered from near the dead body and one Babbi responded. He was told about the recovery of the dead body. Babbi the brother -in -law and Karuna the wife of Karma Agarwal came to the mortuary and identified the dead body to be of Karma Agarwal. Thereafter post -mortem was conducted on the dead body and a case FIR No. 97/2010 under Section 302 IPC was registered.

(3.) DR .V.K.Jha conducted the post -mortem on the dead body on May 23, 2010 and noticed superficial to deep burns present over scalp hair, left thigh, left leg, right thigh, abdomen, both hands, scalp hair burnt. On internal examination of the head he found sub scalp hematoma over frontal region, subarachnoid haemorrhage and subdural haemorrhage over frontal region. He opined the cause of death as neurogenic shock as a result of ante -mortem burn and in view of the head injury assault before death could not be ruled out. The time since death was approximately 34 hours. He exhibited his report as Ex.PW -27/A. Subsequently on receipt of the blood and viscera report which noted presence of ethyl alcohol, it was opined that viscera reports were consistent with intoxication of alcohol before death.