N S JAIN Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeals Nos. 201, 225, 238, 241, 250, 251, 252 and 283 of 1975 since these arise from the same facts.

(2.) The salient facts of the case as disclosed by the record are that on December 4, 1973 Dr. N. S. Jain, a well-known Eye Specialist of Delhi, came back to his house No. D-29L Defence Colony, New Delhi, at about 7-15 P.M. He asked his wife Vidya Jain to get ready for a visit to his sister residing in C-489, Defence Colony. They were to go in their fiat car No. DLV 4847 which was parked near the ga,te of the adjoining house No. D-292. After a few minutes the couple came out of the house. While Dr. Jain med towards the right of the car to open' its door his wife proceeded towards its left. Before Dr. Jain could unlock the door he noticed that his wife was missing. He went to the left side of the car and saw a prostrate figure lying in the nearby storm water drain. Just then a man jumped out of the drain, flourished a pistol at Dr. Jain and then ran away along with another man towards the north. Vidya Jain was taken out of the drain with the help of Thakur Ram Singh (Public Witness 8), his wife Kiran Bai both guests of Jains and the servants of Dr. Jain. She was found to be bleeding profusely. She was removed to the porch of the house first ; then put in the car and driven to Dr. Sen's Nursing Home near Tilak Bridge. Dr. Jain himself drove the car while Kiran Bai held the injured.

(3.) At about 7.45 P.M. Dr. S. K. Sen (Public Witness 51) saw Vidya Jain as she was taken out of the car and declared her dead. He rang up General Verinder Singh, brother-in-law of Dr. Jain, so that he could be of some help to the latter in the bereavement. He also directed his Receptionist to contact the police on the telephone. General Verinder Singh arrived at the Nursing Home and rang up the Lieutenant Governor, Inspector General and Deputy Inspector General of Police, Mr. Govind Narain, the then Defence Secretary, and others. At 8.22 P.M. he informed the police control room about the murder of Vidya lam. The information was relayed to Police Station Defence Colony by the Control Room, but by mistake the house number was taken down as 'D-29' instead of 'D-291'. The police, therefore, failed to locate the place of the incident. At 9.20 P.M. Defence Colony police received another telephonic message from the police control room about the murder of Vidya Jain. This time the house number was properly recorded as 'D-291'. The Station House Officer of Defence Colony Police Station was on leave that day and Inspector Daijit Singh, Station House Officer of Hazrat Nizam-ud-Din Police Station, (Public Witness 80), was discharging the additional duty of looking after the Defence Colony Police Station. He was apprised, therefore, of the commission of the murder. Inspector Daijit Singh came to the place of incident and, leaving Sub Inspector Deep Chand for the protection of the spot, proceeded along with some of his subordinates to Dr. Sen's Nursing Home.