SANJEEV PURI Vs. STATE

JUDGEMENT

(1.) Sanjiv Puri, s/o Krishan Rai Puri resident of C-50, Panchsheel Enclave, New Delhi stands convicted by the Additional Sessions Judge of Delhi in Session's case No. 105/89 on 8th August, 1990 of the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer '' imprisonment for life and to pay a fine of Rs. 5,000 and in default to undergo R. I. for six months.

(2.) The case of the prosecution could be stated as under: Deceased Narender Kumar Garg was a businessman dealing in chemicals and was having shop bearing name Rajanish Chemical Company in Tilak Bazar of New Delhi. The present appellant Sanjiv Puri is also a dealer in chemicals and is having his shop at house No. 93, Sector 15-A, Faridabad. It is the claim of the prosecution that the appellant and deceased Narender Kumar Garg were having business dealing. The appellant was a distributor for the chemicals of Deepak Nitrite Company and therefore, deceased Narender Kumar had transaction with him as he was selling the said chemical at a cheaper rate. It is a further claim of the prosecution that in February, 1988 there was a strike in the said Deepak Nitrite company and therefore Sanjiv Puri was purchasing some chemicals from Narender Kumar Garg in order to resell the same to other customer's. It is also claimed that the present appellant was paying amounts of Rs. 75,000 to 80,000 at a time towards his dealing with deceased Narender Kumar Garg. It is further claimed that on 25th June, 1988 the present appellant had given a ring at the shop of the deceased in the evening and at that time witness P.W. 26 Sushal Kumar @ Kalu was present in the shop of the deceased and the exchange of talk on telephone between Narender Kumar and the present appellant was high tempered and there was talk regarding the payment of money.

(3.) On 25th June, 1988 deceased Narender Kumar Garg had told inmates of his house that on the next morning he was going to Murad Nagar in order to bring his youngest daughter who had gone to her father's sister place. On 26th June, 1988 in the morning at about 5.30 A.M. there was telephone call at the house of deceased Narender Kumar Garg and that telephone was picked up by Public Witness 14 Manoj Kumar, son of the deceased. That telephone was from Sushil Kumar and he has asked as to whether Narender Kumar was awake. When he was replying in the negative his father got up and came there and thereafter he handed over the receiver to his father. According to him before handing over the receiver the caller had asked him to tell his father to come at Connaught Place instead of Dhaula Kuan. His father had told the said person that he was to go to Murad Nagar and he would go there i.e. at Murad Nagar via Connaught Place. Then on that day deceased Narender Kumar Garg had his lunch and he left the house at about 2.30 P.M. telling his wife that he was going to collect Rs. one lakh at Connaught I Place from Sushil Kumar and that thereafter he would go to Murad Nagar and return with the daughter in the evening but there was also likelihood of his not returning on that night and they should not be worried. He also collected Rs. 8,000 from his wife and put the same in his brief case and left the house. About 10-15 minutes after he left the house there was again a ring from Sushil Kumar to find out as to whether Narender Kumar Garg left the house. That telephone was picked up by P.W. 15 Poonam, daughter of deceased and she had confirmed on the phone about his leaving the house.