UMA SHANKER Vs. STATE (DELHI ADMN)

JUDGEMENT

(1.) On the fateful day of 7.8.1991 early in the morning at about 4:30 a.m., the appellant along with one Inder Singh (PW-5) is alleged to have gone to the house of Suresh Yadav (PW-4). They woke up Suresh Yadav (PW-4) and informed him that the appellant had killed one Bhure Lal (deceased) and had thrown his dead body in the gutter. Suresh Yadav (PW-4) took the appellant to P.S. Kotwali where SHO O.P. Sharma (PW-19) recorded the statement of Suresh Yadav (exhibit PW-4/A) on which he made an endorsement (exhibit PW-19/A). The rucca was sent at 6:15 a.m. by the police and an FIR No.325/91 under Sections 302/201 of the IPC was registered (exhibit PW-9/A).

(2.) A disclosure statement (exhibit PW-4/C) was made by the appellant where he stated that the deceased and the appellant were working together in shop No.1120, Chhatta Madan Gopal, Chandni Chowk. The appellant had to pay a sum of Rs.1,100.00 to the deceased which had been borrowed by the appellant. The deceased threatened him that in case the amount was not paid back, the deceased would go to the village of the appellant and snatch away his cattle and would expose him to the villagers. Faced with the situation the appellant bought a dagger with the intent to kill the deceased and on the intervening night of 6/7.8.1991 at about 3:00 a.m. when they were sleeping in the same shop the appellant stabbed the deceased on various parts of the body number of times and threw the dead body in the manhole situated on the backside of the shop. The appellant had also stated that the deceased bit his index finger when he was trying to close his mouth to prevent any noise. The clothes were washed and after concealing the dagger the blood spots were also washed.

(3.) The investigation was entrusted to PW-19, who accompanied with other police officials went to the spot. The appellant is stated to have led the police team to the backside of the gali and on removing the lid of the manhole the dead body of the deceased was found in the gutter which was sent for postmortem. On the pointing of the appellant the site plan was prepared at the shop. The clothes and the dagger hidden in the canopy of shop were recovered at the behest of the appellant along with a blood stained bed sheet and were seized vide exhibit PW-14/A. The sketch of the dagger (exhibit PW-14/B) was prepared. The shop from which the dagger was purchased about ten (10) days before the incident was also visited.