JAI SINGH Vs. STATE

JUDGEMENT

(1.) By order dated October 7, 1983, accused Jai Singh was charged to stand trial for the commission of an offence punishable under Section 302 Indian Penal Code . for having committed the murder of Smt. Badami Devi. on 7.5.1983, at about II.30 A.M. on the roof of house no. 2103/2D, Prem Nagar, Delhi. By the same order, he was further charged for the offence of possession of a knife, a dangerous weapon, punishable u/s. 27 of the Arms Act, which he used for committing the said murder. The accused pleaded not quality and claimed trial.

(2.) To substantiate the charges, the prosecution examined as many as 20 witnesses, out of which three namely, PW4 Raj Rani, PW5 Manorama, and PW6 Sri Kishan are the eye-witnesses of the occurrence. PW-15 Mukti Nath and PW-17 S Davinder Dutt Sharma are the witnesses of the recovery of the weapon of offence (knife Ex. P-l)at the instance of the accused. PW-20, Dr. Meera Sundram was the first to examine Smt. Badami when she was brought to Dr. Ram Manohar Lohia Hospital, her M.L.C. is Ex. PW18/A. PW-13, Dr. P.K. Gupta prepared the death summary report. Smt. Badami died on 8.5.83 at 4 A.M. Dr. Bharat Singh (Public Witness -7) conducted the post-mortem examination on the next day. The remaining witnesses except PW-19, the Investigating Officer, are formal in nature.

(3.) In order to appreciate the scope of the arguments advanced before us, it is relevant to keep in mind the broad features of the prosecution case. The accused Jai Singh was residing as a tenant in one of the rooms on the first floor of the house no. 2103/2D Prem Nagar, Delhi. This house belonged to PW-14 Shri Sital Parsad and his wife Smt. Badami (deceased). The accused stayed in the said room for about 2 years. During this period, it is alleged that he used to come back to the house under the influence of liquor. This was not liked by Smt. Badami. On that account, she used to rebuke him at times. Ultimately, the accused was insulted and turned out of the house by Sital Parsad. This was taken ill by the accused who, while vacating the room had threatened Smt. Badami that he would take revenge for the same. The accused started residing in a rented house near the house of Sital Parsad.