CHANDER SHEKHAR Vs. STATE

JUDGEMENT

(1.) Shri Ravish Khanna and his father Rajinder Nath Khanna are the residents of Moradabad (U.P.). They were running their business in the name and style of Sunbeam Exports at Railway Road, Moradabad. In connection with their business, they used to visit Delhi quite often. They had taken flat No. 22, Sunder Nagar Market, New Delhi, on rent for their stay during their business visits. They had engaged Shri Nathu, aged about 35/40 years as the servant for their Delhi establishment. He was Caretaker of the flat in their absence.

(2.) On 31st May, 1982, Ravish Khanna came to Delhi at about 8 P.M. and found the outer/staircase door locked. He searched for his servant Nathu. He also made enquiries from the neighbours who informed him that they had not seen Nathu for the last 4/5 days. Consequently, he telephoned his father at Moradabad to enquire about the keys of the flat. Rajinder Nath Khanna informed that the keys were left with Nathu and he (Ravish Khanna) should search for Nathu. In case be is not found Ravish should break open the lock. On being informed about the missing of Nathu, Rajinder Nath Khanna left for Delhi.

(3.) After waiting for sometime and finding no alternative. Ravish Khanna broke open the lock and went upstairs. He found the lights of the staircase and the drawing room on. The cooler was also on but running dry. Foul smell was emitting from the bedroom side. When he entered the side room near the entrance, he saw .the dead body lying on the floor in decom- posed condition. He immediately came down stairs and went to his sister's house at 33, Sunder Nagar, and informed the flying squad that one dead body was lying in his flat. After sometime, the local police reached there, S.I. Vishnu Madan was on patrol duty in the area of Kaka Nagar and Sunder Nagar. During the patrolling he came to know that a murder had been committed at a flat in Sunder Nagar Market. He straight-away reached the spot where S.I. Kanti Singh, Constable Balvinder Singh and Ravish Kumar were already present. In the meantime, the S.H.O., the A.C.P. and the D.C.P. of the area also reached there. Vishnu Madan was ordered to com- plete the investigation. On examination of the dead body, he found stab wounds on the chest and due to decomposition insects were crawling over it. At that time. Ravish Khanna handed over a written report (Ex. Public Witness 14/A) to the Police. The Sub-Inspector made the endorsement underneath and sent the same to the Police Station for the registration of the case, on the basis of which FIR Ex. Public Witness 9/A under Section 302 Indian Penal Code was recorded.