GAJENDER Vs. STATE

JUDGEMENT

(1.) GAJENDER and Ramrati by the impugned judgment dated 4th August, 2010 stand convicted under Section 302 read with Section 34 and Section 201 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short). Gajender is also convicted under Section 25 of the Arms Act, 1959. The deceased, it is claimed, was one Prem Raj. Appellant Ramrati is widow of late Jai Prakash, brother of deceased Prem Raj and Gajender is stated to be friend and live in partner of Ramrati.

(2.) ON 21st April, 2008, DD Entry No. 13B was recorded at police station Vikas Puri by Head Constable Surat Singh (PW -9) on information being conveyed by wireless operator at about 7.25 a.m. that burning smell was emanating from ground floor of DG -III/111, Vikas Puri. The said DD was marked for inquiry to Head Constable Ram Lal (PW -16), who along with Head Constable Ram Mehar (PW -26) went to the spot.

(3.) INSPECTOR L.C. Yadav (PW -28) was the first Investigating Officer, who had reached the spot after receiving call at 7.40 a.m. from the Duty Officer regarding burning of a dead body at DG -III, ground floor, Vikas Puri, which was subsequently kept in DDU Hospital for preservation. He has deposed about the lifting of samples, exhibits etc. which we have already referred to above. PW -28 has deposed about inquiries made by him from the neighbours/residents of the said block, namely, Ram Kishan Verma (PW -1), Inderjeet Singh (PW -4) and Satish Madan (PW -5). He has deposed as to the photographs of the flat and the dead body marked Ex. PW19/A1 to A28 and the negatives marked Ex. PW19/A29 to A63. These photographs were taken by Constable Rakesh Kumar (PW -19). We shall be referring to the said photographs subsequently as they are relevant. PW -28 has deposed about breaking open of flat number DG -III/98, which had two doors, with padlock on the iron gate and inner lock on the second door. R.K. Verma (PW -1), the neighbour had raised suspicion and stated that for the last 6 -7 years, the flat i.e. Flat No. D -III/98 had remained locked, but he noticed a padlock on the main door, which was earlier not there. PW -28 requisitioned services of a locksmith to prepare duplicate keys for opening inner lock as well as the padlock. Upon opening the flat, blood stains were noticed on the floor of the drawing room and inside rooms also had blood stains. A blood stained brick was found underneath the iron box and the same was seized. Blood was also lifted from iron almirah and the floor. The aforesaid articles were converted into parcels and sealed with the seal of LCY. Chance prints were lifted from steel glass by the Crime Team and thereafter sealed with the seal of LCY. Seizure memo Ex. PW17/A was prepared. Some loose cloth pieces were also seized from the spot. The aforesaid articles were identified by L.C. Yadav (PW -28) in the Court. PW -28 has deposed that on inquiry, he came to know that the flat belonged to one Satto Devi, who was residing in U.K. and about 5 -6 years prior to this incident, a lady, who was relative of Satto Devi, along with her children used to live in the flat. A boy used to stay with the lady. The said boy was involved in illegal activities and was arrested once. Identity of the said lady and boy was not known to the neighbours. In the letter box of the flat, one paid water bill was found and taken into possession. PW -28 identified the keys, which were prepared by the locksmith as Ex. P -1 and P -2. He deposed that key Ex. P -1 was for opening of the inner lock and the smaller key Ex. P -2 was for opening the padlock.