DEV KUMAR JUNEJA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Renu Bala, a young 22 year old girl died on account of a fall from the roof top of a four storey building in the ESI colony, Basai Darapur, Delhi. According to the prosecution she was given a push by the appellant Dev Juneja while the defence version is that it is a case of suicide. The learned Additional Sessions Judge convicted the appellant under section 302 Indian Penal Code for the murder of Renu Bala and sentenced him to imprisonment for life. Dev Juneja has come up in the appeal against the said judgment.

(2.) The question for determination in the present appeal is whether it is a case of suicide or a case of culpable homicide amounting to murder punishable under section 302 Indian Penal Code FIR No.350/87 (Ex.PW11/A) was registered at police station Moti Nagar on 5th October 1987 at 8.05 A.M. on the basis of a statement made by Kailash Chander, father of the deceased girl. This statement is Ex.PW5/B (Rukka) and is reproduced as under:-

(3.) This statement was given by Kailash Chander in the police station itself. Another statement of Kailash Chander said to have been made before the investigating officer, SI Darshan Singh, on 3rd October 1987 is also on record which does not implicate Dev Juneja. This statement is Ex.PW5/G. There is yet another statement of the said Kailash Chander which was recorded before the SDM later on the same day, i.e 3/10/1987. It is Ex.PW 5/A. This statement contains a detailed account of the facts leading to the occurrence. It is worthnoting that in this statement the needle of suspicion points towards Dev Juneja, though Kailash Chander admits that he had not witnessed Dev Juneja pushing down his daughter.