SHANTI LAKARA Vs. STATE

JUDGEMENT

(1.) HOUSE No. B-25, Sarvodaya Enclave, New Delhi was the residence of Sh. R. K. Jain, Sr. Advocate. On 01. 12. 1989, the family of Sh. R. K. Jain noted foul smell emanating from the water supply in their house. A plumber Phagu Ram pw-5, was called. On checking the water line he detected that the foul smell was emanating from the underground water tank, which on being opened, was found to contain the dead body of a male person.

(2.) THE information of a dead body being in the underground water tank was conveyed to the police. D. D. No. 9a was recorded by pw-7 ASI Ram Kumar on this information being furnished to him in Police Station malviya Nagar by PW-22, lady Ct. Pushpa who had made a telephonic call from the police Control Room and had relayed the information given to her by Phagu Ram. The said D. D. was handed over to PW-32 Inspector B. L. Meena, who accompanied by pw-27 Hukum Singh and PW-14 Ct. Rohtas singh reached the spot.

(3.) SH. R. K. Jain, occupant of the house reached the spot on this information having been given to him by his wife. In his statement Ex. PW-26/a he has stated that this house was occupied by him along with his wife and two children. Smt. Shanti Lakra was his domestic servant and she had been working with them for last eight years. She was living in the servant quarter which was a part of the residential house. For two days, prior to the incident, he and his family had gone to Saharanpur to attend the marriage of their nephew and in their absence the house had been entrusted to their maid-servant Smt. Shanti Lakra. Since she was the only person in occupation of the house in this period; her role was suspect; she was, however, unavailable for interrogation.