CHANDER PAL Vs. STATE

JUDGEMENT

(1.) Find of a dead body with injuries on the front of the neck, later on identified to be that of Nand Kishore son of Bhagwan Dass resident of B-9/5, Indira Vikas Colony, Mukerjee Nagar, Delhi, from abandoned well situated in the field of Mohan Singh, in Karmardooma required the registration of F.I.R. under Section 154 of the Code of Criminal Procedure (Hereinafter referred to as "the Code") for the offence under Section 302 Indian Penal Code leading to the filing of charge sheet against two persons, namely, Chander Pal son of Janki Prashad, Kishan Lal son of Shanker Lal (appellants); whereas Brij Bhan was tried by the Juvenile Court and Om Prakash shown in Column No.2 of the chargesheet as a proclaimed offender, resulting into the conviction and sentence to undergo rigorous imprisonment for life and also to pay a fine of Rs.1,000.00 and in default to under go further rigorous imprisonment for a period of six months under Section 302 read with Section 34 Indian Penal Code by the learned Additional Sessions Judge, Karkardooma Courts, Shahdara, Delhi necessitated the filing of the present appeals under Section 374(2) of the Code by both the convicts/appellants.

(2.) The prosecution case,shortly stated, is that Prem Chand, who cultivated the land of Mohan Singh in Bahubali - Karkardooma area on "Batai" at about 3.30 A.M on 26.1.1990 when in order to watch the field was passing through the abandoned well in the middle of the field, noticed some blood on the boundary of the well. He peeped into the well and saw the dead body of a person and informed the police whereupon D.D. No.9A dated 26.1.1990 was recorded in Police Station Anand Vihar; that police reached the spot and took out from the well the dead body of an unknown person with a white sleeved Baniyan and a Chintz designed underwear. Injuries were noticed on the front of the neck and the head of the dead body caused by a sharp weapon. The dead body could not be identified at that time; a rukka was sent to the police station for registration of the case under Section 302 Indian Penal Code whereupon formal FIR was registered and the usual investigation commenced; that wireless message was flashed to all the police stations in Delhi and adjoining States for getting the dead body identified and CRO and PRO were also asked to get published the news of said dead body in the news paper; that the dead body was handed over to Sewa Samiti for cremation; that on 2.2.1990, Mahesh Kumar lodged a missing report for his brother Nand Kishore in Mukherjee Nagar Police Station; that on 3.2.1990 Jugal Kishore and Mahesh Kumar came to the police station and the photograph of the dead body shown was identified by them to be that of the dead body of their brother Nand Kishore; that Nand Kishore son of Bhagwan Dass working as building contractor was a bachelor and residing with his brothers Mahesh Kumar and Jugal Kishore at B-9/5, Indira Vikas Colony, Mukerjee Nagar, Delhi; that Chandra Pal was working as a labourer with him; that Nand Kishore left the house at about 4/5 P.M. on 25.1.1990; that Public Witness .6 Ram Kishan last saw Nand Kishore at about 5/5.30 P.M. at the rehri of Chandra Pal in Karkardooma along with Chander Pal, Kishan Lal, Brij Bhan and Om Prakash and that the dead body of Nand Kishore was found from the abandoned well in Karkardooma in the early hours of 26.1.1990.

(3.) It may be noted at the out set that there is no direct evidence adduced by the prosecution to connect the accused with the crime. The dead body of deceased Nand Kishore was found from an abandoned well in the fields of Bahuwali at Karkardooma with blood noticed on the boundary of the well at about 3.30 A.M.on 26.1.1990. According to the evidence of Public Witness 1 and Public Witness 4 deceased Nand Kishore had left the house at about 4/5 P.M. on 25.1.1990; that they searched Nand Kishore and on 2.2.1990 they went to Police Station Mukerjee Nagar and lodged a missing report about Nand Kishore; that thereafter they learnt from the news paper report that a dead body was found from a well in the area of P.S. Anand Vihar whereupon both the brothers (P.W.1 and Public Witness 4) of deceased Nand Kishore came to P.S.Mukerjee Nagar where they were directed to contact P.S. Anand Vihar to identify the dead body. At Anand Vihar Police Station, they were shown the photograph of dead bodh and they identified the photograph to be that of the dead body of their brother Nand Kishore.