RAN SINGH Vs. STATE

JUDGEMENT

(1.) On 28th of April 1983 at 8.25 A.M. a report wasgot recorded by 0m Prakash resident of village Daryapur in the police postBawana (within the jurisdiction of police station Narela) that dead body ofone 0m Wati Wife of Ram Singh was lying in a pool of blood on a cot inthe court-yard of her house. This report was entered into the daily diaryand its translation in English has been exhibited as Ex. PW16/A. The policepost informed the police station about the incident, inspector. Ram Gopal,Station House Officer, had left the Police Station on patrol duty by the timethis report reached there. On being informed about the incident he reachedthe spot in village Daryapur wheie A.SI. Gabbu Lal of the police postBawana was already present. The dead body of 0m Wati was found lyingin a pool of blood on a cot in the court-yard of her house as reported. TheStation House Officer found a number of persons of the village present at thespot. In his report which was despatched at 10.45 A.M. he wrote that "I, theInspector asked the persons standing there whether anyone has seen the occurrence and if so he could make his statement but no-one stated to have seen theoccurrence. Neither the weapon of offence was recovered from there nor RanSingh the husband of the deceased found present at the spot. The dead bodyof 0m Wati was examined and one deep injury caused with sharp-edgedweapon which (injury) was stained with blood was found present on thefront of the neck and under it there was a cut mark in the neck which wascaused with a sharp-edged weapon............", (italics added).

(2.) The date and time of occurrence according to that endorsement was'night' intervening 27th and 28th of April 1983. On receipt of this report/endorsement the formal FIR Ex, Public Witness 15/B was recorded at the Police Stationat 11.20 A.M.

(3.) Thus till 10.45 A.M. on 28th of April 1983 no clue was foundby the investigating officer about the assassin. The prosecution case,however, is that Sunil Kumar who was a witness to his mother's murder byhis own father was present in the house at the time when the S.H 0. reachedthere. Sunil Kumar, Public Witness 3, in his testimony has stated that he was 13/14years of age at that time. His father was maltreating his mother andtherefore, his maternal grand-father had brought her to the parental housesituate in village Pitampura where he (the witness) had already been takenfor continuing his studies. His mother had left his father's house 2 yearsprior to the incident. However, on intervention of near relations she cameback to her husband's house at village Daryapur but he continued to staywith his grand parents at Pitampura. He further deposed that aftercompleting his 8th class examination in April 1983 which finished about 2to 4 days prior to the incident he joined his parents in village Daryapur.According to the witness on 27th of April 1983 at about 6.30 P.M. hisfather Ran Singh had demanded Rs. 400.00 from his mother. He threatened that if the money was not given to him he would not let the wheat come from the fields to the house nor would he allow the wheat to be sold. Hismother gave his father Rs. 200.00 only as she had no more money. Hestated that his grand-father (father's father) lived in a separate house in thevillage. In the house of his parents nobody was there as his younger sisterManju had also gone with his maternal uncle, Jai Parkash, on 26th ofApril 1983. At about 7.30 or 8 P.M. he (the witness) had gone upstairs toserve food to the accused but he refused to take the same. The accusedenquired from him as to who had been harvesting the crop and fromwhom the wheat was to be threshed. On the witness's pleading ignorancethe accused got angry and shouted at him to the effect that he along withhis mother should go back to Pitampura otherwise he would kill both ofthem. The witness came downstairs and told his mother about what hisfather had said. His mother then assured him that let the accused kill herbut no harm would be caused to the witness.