MATAI PARSHAD Vs. STATE OF DELHI

JUDGEMENT

(1.) The conviction of Matai Parshad, the appellant herein for an offence punishable under Section 302 of the Indian Penal Code is based solely on the extra-judicial confession, which is said to have been made by him to Public Witness .1, Malook Singh on 23rd July, 1983 at 9.00 P.M. The prosecution chose not to lead any evidence to corroborate the extrajudicial confession. The trial court vide its judgment of the 7th May, 1985 convicted the appellant and sentenced him to undergo imprisonment for life. The co-accused Ram Pal was, however, acquitted. By this appeal, the appellant is challenging the legality of the conviction and the sentence imposed on him.

(2.) Malook Singh, Public Witness . 1 had a factory at J-6, Mukhram Garden, Chokbandi Road, Delhi. He was carrying on the business of fabricating iron grills, gates and windows. The appellant berein, Matai Parshad, was working as a Welder in that factory. Malook Singh owned two houses. He resided at C-53, Mukhram Garden, Chokhandi Road, Delhi. The other house bearing No. 283/229, Madiwali Gali, Vishnu Garden, Delhi was alleged to have been given by him on rent to his employee, the appellant herein for the purposes of residence. The murder for which the appellant and Ram Pal were charged, according to the prosecution case, took place in that house. There is no eye-witness to the occurrence. It is only in the extra-judicial confession, which Matai Parshad is said to have made, that the manner in which the murder of Bal Chand took place, is spelled out. According, to Public Witness . 1, Malook Singh, the appellant herein seemed very perplexed at about 9 p.m. on 23rd July, 1983, which was a Saturday. In his capacity as an employer, he asked him the reason. We quote from 'the testimony of Malook Singh to highlight the reply which has been construed as an extra-judicial confession : "The accused Matai Parshad told me that he alongwith his companion had killed Bal Chand. He also told me that the body of deceased Bal Chand is lying in accused Matai Parshad's house No. 283/229, Madiwali Gali, Vishnu Garden, Delhi which house belongs to him and I bad given the same on rent to accused Matai Parshad". According to Public Witness . 1, earlier on that day, i.e., on 23rd July, 1983, Matai Parshad had worked in his factory from 8 a.m. or 8.30 a.m. to 2 p.m. and thereafter left the premises. The appellant came to the witness's house at 6 p.m. with a large trunk and then again at 7.30 p.m. or 8 p.m. with that very trunk. It was the third time at 9 p.m. when he brought that big trunk to Malook Singh's house that the witness had to rebuke him for bringing that trunk again and again to his house. It appears from the first information report that it was in that big trunk, the body of Bal Chand had to be disposed of by the appellant herein. However, in his testimony, Malook Singh has not affirmed that fact. In any case the prosecution has not been able to explain as to why and for what purpose did the appellant bring the empty trunk to Malook Singh's house when he could have straight away taken it to the other house where the body was lying. We would advert to this aspect later.

(3.) After hearing the extra-judicial confession, Malook Singh went to his brother's house at Uttam Nagar but before leaving, he told the accused to remain in his house, i.e., the house at Mukhram Garden, Chokbandi Road, Delhi and not to worry. After reaching Uttam Nagar, Malook Singh narrated the incident as disclosed to him by Matai Parshad, to his brother, who called a neighbour Karnail Singh for advice. It was on the advice of Karnail Singh that it was decided to contact a Head Constable of Special Staff, Delhi Police at Tagore Garden. Thereafter, Rohtas Singh, Head Constable, who was known to Karnail Singh was contacted, who in turn informed the Police Station, Tilak Nagar on telephone that a dead body was lying in Sardar Malook Singh's house in Madiwali Gali, Vishnu Garden, Delhi. This report, which has been exhibited as Public Witness , 14/A, was 198 registered in the Daily Diary at item No. 2A at 12.30 midnight, i.e., morning of 24th July, 1983. The full report reads : "Duty Officer, Receipt of Information on telephone and despatch thereof. Time: 12.30 (midnight) At the time, Rohtas Singh, Constable No. 170/W, gave information on telephone, "A dead body is lying in Sardar Malook Singh's house in Madiwali Gali, Vishnu Garden and some officer may be sent to the place of occurrence". On receipt of telephonic information, report was registered in the roznamcha (daily diary). A copy thereof was prepared separately and handed over to Sh. Sumer Singh, S.I. who along with Constable Ram Diya No. 359/W, and Constable Jagbir Singh No. 705/W has left to the place of occurrence, for taking necessary action". Scribed by : HC/DO" It was on receipt of this information that Sumer Singh, S.I. of Police Station Tilak Nagar was despatched to Madiwali Gali, Vishnu Garden, Delhi, the other house of Public Witness .1, Malook Singh. The SI. recorded the statement of Malook Singh (Ex. Public Witness . 1/A) and despatched it to the police station at 2.05 a.m. on 24th July, 1983. On the basis of that statement, formal F.I.R. was registered at the Police Station at 2.20 a.m. on that very night.