RAJINDER & ORS. Vs. STATE

JUDGEMENT

(1.) A missing report was lodged by Sita Ram, S/o Bal Kishan on January 08, 1993 stating that his father who had gone in the morning to open the shop at East Park Road after opening shop has not returned and is missing. He has made search in all the hospitals. On January 10, 1993 Sita Ram lodged a further report Ex.PW -4/B stating that his father was missing since January 08, 1993 and that while searching him he went to the first floor of the place of his business and on opening the room he found some blood and two broken teeth which appeared to be that of his father, and he suspected his servant Rajinder, his brother Lallan and their relative Suraj Lal in the kidnapping of his father for extorting money. He further stated that Rajinder, Lallan and Suraj Lal were also missing since January 08, 1993. He stated that the room on the first floor was provided by his father to Rajinder where his brother Lallan and friend were also sleeping at night and in the other room his father used to keep belonging of the shop. On a thorough search of room on the first floor in occupation of Rajinder, Lallan and Suraj two broken teeth of human being, one button of pant, two broken card board boxes which were blood stained, one match box, blood on the almirah and floor was found. On searching the almirah in the shop Rs.20,000/ - kept there were found missing. On January 13, 1993 Rajinder was arrested who pointed out the place where they had thrown the body of the deceased in Yamuna river. He also disclosed about the involvements of Lallan and Suraj along with him and that the body was brought in rickshaw enveloped in a black polythene sheet and thrown in river Yamuna. On moving towards the direction of the flow of water in the river at a short distance they found the black polythene sheet belonging to their shop entangled in bushes and also the dead body of his father.

(2.) Dr.L.T.Ramani PW -11 who conducted the post -mortem found the following:

(3.) PW -11 opined that injuries No.1&2 were caused by sharp -edged weapon and were ante -mortem whereas injury No.3 to the lip, teeth and chest were ante -mortem caused by blunt force application. The cut throat injury was sufficient to cause death in the ordinary course of nature and the death was due to shock and haemorrhage consequent to the cut throat injuries. Time since death was about 6 days, the post -mortem having been conducted on January 14, 1993. He also opined that injury Nos.1&2 were possible by the knife Ex.P -16. In cross -examination he reiterated that the skin of the sole and palm showed marked soddening suggesting that the body remained in water for couple of days.