STATE DELHI ADMINISTRATION Vs. CHANDER PAL

JUDGEMENT

(1.) An Additional Sessions Judge of Delhi has found Chander Pal son of Siria guilty of the offence punishable under Section 302 of Indian Penal Code and has snetenced him to death. He has, therefore, made the present reference to confirm the death sentence awarded by him under Section 366 of the Criminal Procedure Code. . Convict Chander Pal has preferred Criminal appeal No.38 of 1995 against the said order of conviction and sentence passed by the Additional Sessions Judge of Delhi. Therefore, both these matters have been heard together and are being disposed of by this common judgement.

(2.) Ramesh son of Public Witness /4 Gopal Singh resident of Inder Coony, Budan Road, District Muzaffarnagar, U.P. and his wife Suman are the victims in this case Kela, wife of appellani Chander Pal, is the real sister of Suman. Public Witness /7 Jagdiri widow of Late Prakash is the mother of said Suman and Kela. Appellant Chander Pal and Kela had in all three issues-two male issues and one female issue. But all of them did not survive for long. Kela is suffering from T.B. After losing their three children they took the male child of Kela's brother in adoption hut the said child also died within a few months after it was taken in adoption by appellant Chander Pal and Kela. Ramesh and Suman have got two issues, a daughter and a son. Appellant Chander Pal and his wife Kela wanted to lake the said male child in adoption and, therefore, about one and a half to two months prior to 15.9.92 Chander Pal had gone to the village of Ramesh and Suman and he brought both Ramesh and Suman to Delhi. Ramesh and Suman were residing in the house of Chander Pal which is situated in the Harijan Colony, Tilak Nagar, New Delhi. Ramesh had no permanent occupation or business and he was promised by appellant Chander Pal to get some job for him in Delhi when he had brought both of them, i.e. Ramesh and Suman alongwith their male child to his house but as a matter of fact till the date of incident Ramesh had no job or any occupation or source of income in Delhi. As Ramesh had no job or occupation there used to be quarrels and frictions between Ramesh and Suman.

(3.) Public Witness /3 Niranjan son of Shiv Lal is residing in house No. 345 WZ, Harijan Colony, Tilak Nagar, New Delhi. His house is near the house of appellant Chander Pal. Appellant Chander Pal's house is bearing No.382 WZ, Harijan Colony, Tilak Vihar, Tilak Nagar, New Delhi. Public Witness /3 Niranjan Singh is the Chairman of the said Harijan Society. The house of Niranjan Singh is a two storeyed building whereas the house of Chander Pal is of single storey but it consists of two rooms with open space-cum-chowk between the two. The said house of Chander Pal is visible from the First Floor of the house of Public Witness /3 Niranjan Singh. From the First Floor of the house of Niranjan Singh one can see the two rooms as well as the open chowk between the two rooms. Public Witness /3 Niranjan Singh is in the habit of early rising. He gets up early in the morning between 4.30/5.00 am. On the morning of 15.9.92 Niranjan Singh Public Witness /3 awoke at about 5.00 am. At about 5.30 am. he heard the noise of quarrel taking place in the house of Chander Pal. When he looked towards the same he found that Ramesh and his wife were quarreling. After the said quarrel look place Ramesh pushed his wife inside the room which was occupied by him. Thereafter even Ramesh was pushed into that room by appellant Chander Pal and then Chander Pal went to his room whereas Public Witness /3 Niranjan Singh went to the latrine. After a lew minutes when he was in the latrine he heard shrieks raised by Suman. On hearing the said shrieks he fell something serious. He then hurriedly cased himself, washed his hands and came out. When he came out he found appellant Chander Pal wearing almond coloured Kurta and Pyjama and proceeding towards the Nalla. He called out appellant Chander Pal and questioned him as to what had happened. But Chander Pal did not give any ruly and he hurriedly went towards the Nalla. Thereafter, Niranjan Singh came down. He went to Public Witness /8 Ram Singh, the Secretary of the said Harijan Housing Society and then both of them went to the house of appellant Chander Pal. When they went there they found that both Suman and Ramesh were lying in a poof of blood with cuts on their throats. Thereafter both Public Witness /3 Niranjan Singh and Public Witness /8 Ram Singh asked one Avtaar Singh. Havaldaar, a retired military man, who had come there, to rush to the Tilak Vihar Police Post to lodge the report. Accordingly, the said Avtaar Singh, Havaldaar went to Tilak Vihar police Post and informed the police. On the strength of his information DD No.36 was registered at 6.35 am. and intimation was given to Tilak Nagar Police Station. On receiving the said intimation Police Station Officer Shri S.S. Ralhi came to the spot.