RAJ KUMAR ALIAS RAJU Vs. STATE OF DELHI

JUDGEMENT

(1.) Before 10th August, 1982, Punnu Ram, his wife Kaushalya and daughter Manju were living peacefully in house No. 115, Hakikat Nagar, Delhi. Punnu Ram is dealing in sale and purchase of cigarette, bidis, at shop No. 69, Main Bazar, Kingsway Camp, Delhi. His daughter Manju is a student of 12th class. She in the normal course used to leave for school at about 7.30 A.M. and return home at 12.30 P.M. He himself used to open the shop at 9 A.M. and close it at about 7 P.M. Kaushalyas duty was to bring lunch for her husband at the shop.

(2.) On the fateful day, Kaushalya failed to reach the shop. Punnu Ram sent his servant Uttam Chand, to enquire the reason for her not bringing the lunch within minutes. Uttam Chand came back and informed that large number of persons had collected outside the house, and were saying that Kaushalya Devi had been stabbed with knife. On hearing this, Punnu Ram flashed the information to the Police Control Room and the Police Station Kingsway Camp. He then rushed to his house. Before that, P.W. 14 SI Sohan Singh had removed and got Kaushalya admitted in the Hindu Rao Hospital. The doctor on duty, however, declared her dead. When Punnu Ram reached the house, P.W. 17 S.I. Jaipal Singh along with other constables was already there. The S.I. recorded the statement of Punnu Ram (Ex. P.W. 7/A) underneath which he made his endorsement (Ex. P.W. 17/8) and sent the same to the Police Station through Constable Sarup Singh for the registration of a case under section 307 I.P.C. Before the Constable brought the copy of the first information report, the S.I. had inspected the spot prepared the rough site plan and lifted the articles, including P-2 to P-7 vide memo, Ex. P.W. 6/A. Before the Police party left for the hospital, the dog squad and the photographer had record the place of occurrence. The scene of incident was got photographed from different angles. The dog squad could not lead to any tangible results. Thereafter, the S.I. along with Punnu Ram went to the hospital and came to know that Kaushalya Devi had already expired. An information was conveyed to the Police Station for converting the offence from Section 307 to 302 I.P.C. The dead body was identified by Punnu Ram. The 1.0. then obtained the M.L.C. and prepared the inquest Report Ex. P. W. 7/B. The dead body was sent to mortuary for post-mortem examination vide applicant Ex. P.W.17/D. The 1.0. then collected the sealed packet and deposited the same along with the articles collected from the spot, in the Malkhana.

(3.) It was a blind murder. The Police had not been able to find any clue from the scene of occurrence. The investigating agency adopted different courses to trace out the real culprits. Out of the recovered articles rosery (P-6) was identified to be of Raj Kumar, the son of the real sister of Punnu Ram. He was also suspected as an assailant. Inspector Ram Narain searched for the accused but he could not find him either at his house or anywhere else. Ultimately on 20.10.82, S.I. Gurdas Ram succeeded in apprehending the accused Raj Kumar along with Ravinder Kumar from Karol Bagh. During the course of interrogation, Raj Kumar broke down and disclosed that he had kept the earrings and wrist-watch of the deceased under the T.V. lying in his house and could get the same recovered. He also disclosed that he had kept his blood-stained clothes behind a sofaset. His disclosure statement Ex. P.W. 17/C was recorded. The accused then led the Police party to his house and took out the watch Ex. P. 1 and ear-rings Ex. P. 8 and P. 9 wrapped in a paper from under the T.V. Punnu Ram who was with the Police at that time identified the earring and the watch as belonging to his deceased wife. The accused also produced the pant and the shirt after taking out from behind the sofa-set. These articles were converted into sealed parcels vide Ex. P W. 17/D and P.W. 17/E. The Sub-Inspector took care to take into possession the sample hair of the accused Raj Kumar at that very time. All these articles along with the articles recovered from the spot and laken into possession from the hospital were sent to the office of the C.F.S.L. for chemical examination,