RANJEET MUKHIYA Vs. STATE

JUDGEMENT

(1.) At 10:47 AM on September 08, 2013 ASI Pramod Kumar PW -5 noted vide DD No. 22PP, Ex.PW -5/A that PCR has informed of a person lying dead at Factory No.B -5, Sector -2, Bawana Industrial Area. He handed over a copy of the daily diary entry to SI Jitender Joshi PW -26 who, accompanied by HC Vinod PW -21 and Ct.Satyapal PW -24, left for the factory and on reaching found the main gate locked. HC Sukhdev PW -14, In -charge of a PCR Van also reached. The four police officers met Lalu Mukhiya PW -19, a labour contractor, who informed that Laxman Mukhiya (the deceased) was lying dead inside and he did not have the key with him. Therefore, as directed by SI Jitender Joshi, HC Vinod and HC Sukhdev broke open the lock at the gate of the factory and all entered inside to find deceased lying dead in a head room above the staircase well (ledge/mumty) leading up to the second floor. In the meanwhile Jagdish Kumar PW -9, the owner of the factory also reached.

(2.) SI Jitender Joshi recorded the statement Ex.PW -26/A of Jagdish Kumar, as per which he had employed three labourers : named Jumman Paswan, the deceased and the accused : Ranjeet Mukhiya; all of whom used to reside in his factory. On September 07, 2013 he had handed over Rs. 1,800/ - to the accused in presence of the deceased and Lalu Mukhiya. The money was to be divided amongst the three labourers employed by him. Since some material had to be supplied, at around 07:00 AM today, from his mobile number 9212095078 he made a call to mobile number 9718335231 which was with the accused, but got no response and therefore he called up Lalu Mukhiya and requested him to check at the factory and after sometime Lalu Mukhiya informed him that the factory was locked from outside, at which he told him to jump over the main gate and find out what was wrong. Lalu Mukhiya informed him after sometime that having scaled the main gate he found the deceased lying dead in the ledge and the other two labourers missing. Therefore, he made a telephonic call to the police informing of the deceased lying dead inside his factory.

(3.) Making an endorsement Ex.PW -24/B beneath the statement Ex.PW -26/A, SI Jitender Joshi sent HC Vinod Kumar to PS Bawana for FIR to be registered. ASI Yogender Singh PW -4 registered FIR No. 36/2013, Ex.PW -4/A for an offence punishable under Sec. 302 IPC.