BIREN MANDAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement of the Addl. Sessions Judge, Delhi, dated 28th July, 1992 convicting the appellant of offence punishable under S. 302, I.P.C. and awarding him the punishment of rigorous imprisonment for life.

(2.) The prosecution case reveals the following facts. There is a site called the New Water Pump House in Greater Kailash-I, New Delhi where some civil work was going on. To guard the site security guards were posted who performed their duty as per the duty roster. On 6th September, 1987 Jai Chand, P. W. 4, who was one of the security guards whose duty was to commence at 6.00 a.m. in the morning, reached the site at about 9.30 a.m. because his train was late on that date. He found some blood spots behind the Water Pump House. He proceeded ahead and found a dead body lying in the gutter. He informed his senior K. P. Tyagi, P.W. 2, who had also reached the site at about same time for a routine check. K. P. Tyagi, after seeing the dead body, immediately informed the Police Control Room. At the PCR, A.S.I. Som Nath, P.W. 15 was on duty at the relevant time. He recorded the information as given to him by K. P. Tyagi, P.W. 2 in the daily diary maintained by the Police Control Room vide D.D. No. 6-A (Ex. P.W. 7/A). The Police Station, Greater Kailash-l, New Delhi was intimated about the incident. The said information was received by S.I. Hukam Singh at the Police Station, Greater Kailash I, New Delhi at about 9.35 a.m. S.I. Hukam Singh along with constable Gopal Dass Pandey left for the place of incident. He found a dead body lying in a gutter upside down, i.e. the head portion was downwards while the legs were upwards. The body was completely naked. He called for the police photographer. Photograph was taken of the body as it lay in the gutter. Thereafter the body was taken out from the gutter. The head was found severed from the body. It was lying separately in the gutter by the side of the body. By putting the neck with the remaining portion of the body photographs were again taken. Photograph was taken of the body without the neck also. The body was identified by Kanhaiya Lal, P.W. 11 who was the Jamadar who used to supply labour to the contractor Vinod Kumar. Vinod Kumar, P.W. 1 was getting the work executed at the Water Pump House. He also identified the dead body as that of Ashok when he reached the spot. The deceased Ashok Kumar alias Motu as well as the appellant herein Biran along with another accused Vishnu, who could not be traced out and was declared a proclaimed offender, used to work as labourers at the site under Vinod Kumar, P.W. 1. All the three persons used to sleep at night in the tent set up by the contractor at the site of work for keeping cement, building material and tools etc. An FIR was recorded at the Police Station Greater Kailash-I, New Delhi under S. 302/201, I.P.C. The FIR is numbered 218 of 1987 and is Ex. P.W. 7/D. The time of recording of the FIR a given in the FIR itself is 10.30 a.m. dated 6th September, 1987. A copy of the FIR was sent to the area Magistrate through constable Sukhbir Singh on motorcycle.

(3.) The accused as well as the co-accused Vishnu were found missing on 6th September, 1987 itself when dead body of deceased Ashok was found. Mohan P.W. 3 revealed the motive for the crime. According to Mohan the deceased was on friendly and visiting terms with Mohan as both hailed from the same area. In one of their meetings the deceased had told Mohan that although he had got both the accused employed with the contractor Vinod Kumar, yet he had apprehension of revenge against him being taken by the appellant on account of the fact that the deceased had illicit relations with the sister-in-law of the appellant and for that reason the deceased had left the village and come to Delhi and started working as a labourer at the site in question.