ASHOK KUMAR MISHRA AND ANR Vs. STATE

JUDGEMENT

(1.) On 23.8.1980 at about 8.15 P.M., Shri Brahm Sarup, a Junior Clerk in the Electricity Branch, District-I, Chandni Chowk, came to the Police Station Seelampur and lodged the report that he was residing at house No. A-31/52/7, Bhatia Gali Police Station, Seelampur, Delhi, and Shri Ghanshyam Dass Aggarwal was a tenant in the said house. He left the house early in the morning after putting a lock on his room. He (complainant) had left the house at about 9.30 A.M. For going to his office at Chandni Chowk, leaving behind his wife, Smt. Rani Devi all alone. His son, Santosh Kumar aged 9 years and daughter Sushma aged 7 years had already left for their school at about 7 A.M. Shri Chhote Lal, his brother-in-law who was staying with him had also left the house in the morning for going to the house of his (complainant's) real uncle in Gali No. 6.

(2.) When he returned home from the office at about 6.45 P.M. he found many persons present outside his house. On reaching near the house, he was informed that someone has committed murder of his wife and son Santosh Kumar. On peeping through the window and also through the door of residential room he found that blood was flowing in the room and his wife Rani Devi and son Santosh Kumar were lying dead on the floor smeared with blood. The household articles were also lying scattered on the cot lying in the room. At that time his wife was eight months pregnant. He reported that on seeing this, he got upset and immediately came to the police station to make the report about the murder of his wife Rani Devi and his son Santosh Kumar. It appeared to him that the crime had been committed at about 6/6.30 P.M. He thus sought immediate action to be taken.

(3.) P.W. 6 Head Constable Suraj Mal was the duty officer at Police Station, Seelampur who got registered the case F.I.R. No. 679/80 under Section 302 IPC on the statement of Brahm Sarup. Suraj Mal immediately sent a copy of the said FIR to Shri Sudarshan Kumar, Sub Inspector for conducting the investigation through Constable Chand Ram. Copies of the FIR were sent through Constable Harpal Singh, Motor Cycle Rider for being delivered to additional C.P., D.C.P. (East) and at the residence of the Illaqa Magistrate. After delivering the copies of the FIR to the said officers, PW 7 Constable Harpal Singh came back to the Police Station at about 2.50 P.M.