CHET RAM Vs. STATE

JUDGEMENT

(1.) The appellant was convicted by the Addl. Sessions Judge, Delhi under Sections 302/201, Indian Penal Code read with Section 34, IPC, for the murder of Deepu, son of Ram Khilawan and causing disappearance of evidence of offence. In fact four persons were accused for the murder of Deepu. One of them Duli Chand was a minor and was tried separately by the Children Court. Shanti, another accused was declared a lunatic and her trial was separated. The remaining two, i.e. Chet Ram, the appellant herein and Ramesh were tried together. By the impugned judgment Ramesh was acquitted while Chet Ram was convicted. Charge against the appellant and co-accused Ramesh was that along with Duli Chand and Shanti aforesaid on the night intervening 27th and 28th August, 1986 in between the latrine of house Nos. K-61 and K-63, B.K. Dutta Colony, they intentionally caused the death of Deepu by strangulation and caused the evidence to disappear with intention to save themselves from the charge of murder of Deepu and thus also committed the offence punishable under Sections 201/34, IPC.

(2.) Vide Ex.PA & Ex. Public Witness 23/A which are the copies ofDD No. 4-A dated 31st August, 1986 recorded at 9.39 a.m. at Police Station Lodhi Colony, New Delhi, information was received through telephone from Police Control Room from SI Madan Lal that one N.K. Mitra informed from the public call to the effect that a dead body was lying in the gutter near block K-62, B.K. Dutta Colony which is in front of Karbla Masjid. On receipt of the telephonic information ASI Daya Nand was deputed to visit the place of occurrence. He left along with constable Bal Kishan. FIR No. 206 was registered at Police Station Lodhi Colony under Sections 302/201/34 IPC at 12.35 p.m. on 31.8.86 and the same is Ex.PB. SI R.B. Singh also reached the spot in the course of his patrolling duty and found ASI Daya Nand along with Constable Bal Kishan already there. Foul smell was noticed coming from the gutter. The lid of the gutter was removed and a dead body of a man was found lying therein. The crime team was sent for. The dead body was photographed. PWs I and 2, the local sweepers took out the dead body from the gutter. The dead body was identified by Sevak Lal as that of Deepu son of Ram Khilawan.

(3.) From the prosecution evidence it appears that the appellant as well as said Shanti and Duli Chand belong to the same village as deceased Deepu. In fact appellant Chet Ram is the real brother of Shanti. They have two other brothers who have appeared as witnesses in this case. They are PW-3 Sham Lal and PW-5 Sevak Lal. The accused family is a family of washermen. Deepu had come from the village and was residing with Sevak Lal, PW-5. On the Janamashatmi day in the year 1986, i.e., the night between 27th and 28th August, 1986, the four accused along with Deepu deceased were seen at the house of Shanti at 8 p.m. by PW-15 Brij Lal, another resident of the native village of these persons. Brij Lal is also a washerman by profession. As per the prosecution case, Deepu was strangulated on that night by the four accused and his dead body was thrown in the gutter. The post mortem was conducted by Dr. R.K.Sharma of the All India Institute of Medical Sciences. Dr. R.K. Sharma appeared as PW-6 and proved the post mortem report as PW-6/A. As per the doctor, the following injuries were present on the body of the deceased :