ANITA SAXENA Vs. STATE

JUDGEMENT

(1.) AT 7:45 Hrs. on 19.11.1995 i.e. in the early hours of the morning, DD No. 6, Ex. PW -20/1, was recorded at police post Dhaula Kuan under jurisdiction of PS Delhi Cantt. that Havaldar R.P. Singh has informed over the telephone that a dead body was lying near Golf Club, Station Road. Copy of the said DD entry was handed over to SI Dharampal Yadav PW -23 who left for the spot in the company of Const. Ligimor and Const. Shanta Ram. The dead body of a young male was found. On the right arm of the dead body the names Ashok Pal Singh. and Anita Saxena. were tattooed. There were stab injuries all over the body. It was apparent that the deceased had been murdered.

(2.) MAKING an endorsement Ex. PW -23/1 beneath copy of DD No. 6, SI Dharam Pal Yadav sent the same through Const. Shanta Ram for FIR to be registered. Photographer and the crime team was summoned. The photographer Const. Hans Raj PW -12 took photographs Ex. PW -12/2 to Ex. PW - 12/9, negatives whereof are Ex. PW -12/1 (collectively). A knife Ex.P -1 was found near the body which was having blood on it. It was seized by SI Dharampal vide memo Ex. PW -4/D and sketch Ex. PW -4/C thereof was drawn. From the pockets of the pant worn by the deceased, various articles were recovered, recovery whereof has been noted by SI Dharampal in the memo Ex. PW -4/A. Relevant for the purposes of the present case is to note that a coloured photograph of a girl on the rear side whereof numbers 5538 and 0532 were written; a visiting card Ex.P -6 in the name of P.K.Jain, Partner World Wide Export having telephone number 91 -591 -24554 and address Gujrati Southern, 61/A/1 Civil Lines, Muradabad, on the back of which the number 311837 was written and a packet of cavanders cigarette, Ex.P -15 on which the name Satish Kumar and two numbers 310370 and 316316 were written were recovered from the purse Ex.P -5 found in the pocket of the pant of the deceased. All these articles as also a few others, details whereof have been noted in the seizure memo Ex. PW -4/A, were seized by the investigating officer i.e. SI Dharampal. The crime team could lift no clues. The dead body was seized and sent to the mortuary of Safdarjung Hospital for post -mortem, with a request Ex. PW -23/3 by SI Dharampal that as the body was of an unknown person it should be preserved for 72 hours. Negligently, inquest papers Ex. PW -23/2, as per performa prescribed, were filled up and submitted along with the letter of request Ex. PW -23/3. Blood stained earth and control earth were lifted from the spot as recorded in the memo Ex. PW -4/B. Site plan Ex. PW -19/D1 was prepared by him showing the spot from where the body was recovered.

(3.) THE go ahead signal was given by the investigating officer for post -mortem to be conducted. We note at this stage that in the inquest papers Ex. PW -23/2 which were furnished on 19.11.1995 the date 19.11.1995 has been recorded. The name, the parentage and the address of the deceased as also the fact that the dead body was identified by Satish and Madan Pal Singh has been recorded. The reason why we have used the expression negligently. in para 2 above while referring to the submission of the inquest papers is obvious. Evidenced by the investigation conducted and as noted above, by 19.11.1995 the brothers of the deceased had yet to surface and thus on 19.11.1995, while submitting the inquest papers the investigating officer could not have recorded that the dead body was identified by the brothers of the deceased. Obviously, pouncing upon the contents of the inquest papers the defence can urge that the inquest papers are ante dated thereby casting a doubt on the recovery of the dead body at the time and the place as claimed by the prosecution. But, fortunately, the investigating officer has made an endorsement on Ex. PW -23/2 as under: