NARAIN SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) By this judgment and order we propose to dispose of the aforesaid four appeals which arise out of judgment and orders of conviction and sentence dated November 3, 2001 and November 8, 2001 respectively, in Sessions Case No. 188 of 1999.

(2.) The First Information Report was registered as FIR No. 94 of 1999 on the basis of Rukka, i.e., DD No. 20A dated June 5,1999. It is recorded in the said First Information Report that when the informant, the Inspector, along with Constable Naresh Pal, was present for patrolling in the area, an information was received that a dead body had been recovered. The said informant Inspector immediately on receipt of of the information proceeded to the place of occurrence of the crime known as Suri Farm House in Village Bamnoli where Sub-Inspector Brij Mohan Bahuguna together with Constable Jitender were already present at the spot. He had also stated that some blood was found scattered in the field of Suri Farm House and some struggle marks and skid marks were also found there. The trail of some blood marks was leading through the field to the well built inside the farm house, and that on peeping inside the well a human dead body was found lying. It is also stated that the said dead body was extricated from the well with the help of villagers. The said dead body was identified to be of one Hari Om on the basis of tattooing on the right arm and also on the basis of the statements made by the village men who stated that the said body is of Hari Om son of Sukhbir Singh, a resident of village Bamnoli. The Inspector, who inspected the dead body, found a total number of 28 wounds of sharp injury on the body of the deceased. The facts disclosed commission of an offence under Sections 301/201, Indian Penal Code. In the Rukka it was prayed that a case be registered. On the basis of the said information, FIR No. 94/1999 was registered and investigation was continued. During the course of investigation police examined witnesses, collected various documents and thereafter submitted a charge-sheet against three persons, namely, Sunil @ Leelu, Narain Singh Lala and Smt. Mukesh, the present appellants.

(3.) The prosecution case, as disclosed from the aforesaid charge-sheet, is that Narain Singh Lala, who is also a resident of Village Bamnoli, New Delhi, went to the house of deceased at about 9.00 A.M., who was his friend, and took the deceased with him from his house. It was also alleged that Hari Om, the deceased, was also having friendship with another boy, namely, Ravinder, of the village who works as an electrician. Said Ravinder had done electric fittings at the house of Smt. Mukesh, who is also an accused in the present case, and during his visits to the house of Smt. Mukesh, he developed illicit relations with Smt. Mukesh. It is also the further case of the prosecution that Hari Om was a close friend of Ravinder and, therefore, Ravinder disclosed about his illicit relations with Smt. Mukesh to Hari Om. Subsequently, Hari Om took certain photographs of Ravinder and Smt. Mukesh and on the basis of these photographs he also developed illicit relations with Smt. Mukesh. Accused Narain @ Lala used to live in the neighbourhood of Smt. Mukesh and used to visit her house for milking her cows and in one of such occasions he saw Smt. Mukesh and Ravinder in compromising position and taking advantage of the same he also devloped illicit relations eith smt Mukesh. It is also its case that according to Ravinder, he developed some kind of sexual disease and stopped going to the house of Smt. Mukesh, but Smt. Mukesh insisted on his coming and also sent letters expressing her love for him but he restrained himself from visiting her house but Hari Om, the deceased, did not stop and continuously visited Smt. Mukesh to satisfy his desires whereupon Smt. Mukesh became fed up with Hari Om's excessive demands on her. It is alleged that on June 4,1999 in the evening Hari Om again went to the house of Smt. Mukesh with one of his friends when Sunil, cousin brother of Smt. Mukesh, was at home of Smt. Mukesh and misbehaved and insisted upon meeting Smt. Mukesh whereupon Smt. Mukesh told him to get out of her house.