MIRTUNJAY TIWARI Vs. STATE

JUDGEMENT

(1.) D .D. No. 25A Ex. PW -10/B was recorded in Police Station Connaught Place to the effect that information had been received from lady Const. Shashi Sharma PW -27 posted in the PCR Division that a foul smell was emanating from house No. 16 -E, Feroz Shah Road, New Delhi. This D.D. was marked to ASI Randhir PW -18 who along with Const. Dayanand reached the spot where he was joined by Inspector Niranjan Singh PW -30, SI V.K. Sharma and H.C. Shahabuddin. Deepanker Pandey PW -16 resident of 16 -C Feroz Shah Road who had also noted this foul smell was also present. This house had been allotted to Sh. Ash Mohd. Ansari, a member of Parliament, and this has surfaced in the testimony of Rakesh Vij PW -9, Assistant Engineer, PWD, who had produced the letter of allotment Ex. PW -9/A. The house was found locked from both sides. The lock of the back entrance was broken open; the door of the room from where the foul smell was emanating was forcibly broken open; a dead body of a woman lying upside down was noted on a double bed, the dead body was de -composed and was wearing a printed saree and a blouse. The photographer H.C. Harchand PW -22 was summoned, who took 13 photographs of the scene of crime; negatives of which are Exs.PW -22/A1 to A13 and the positives of which are Exs.PW -22/A14 to A26.

(2.) SINCE it appeared to be a case of murder, endorsement on the DD was made by PW -30 which was sent through H.C. George Messey for the registration of the FIR Ex. PW -13/B under Section 302 IPC. The special report was sent through Const. Rajender Singh PW -24 to the senior Officers and the Area Magistrate on 31.5.1995.

(3.) THE Investigating Officer recorded the statements of various witnesses including Vishwa Nath PW -1, Aas Mohd. Ansari PW -2, Parvez Ahmed PW -3, Vijay Kumar PW -6, Anil Arora PW -8, Ved Pal PW -12, Deepanker Pandey PW -16 which unfolded that on 25.5.1995 the accused Mirtunjay Tiwari, had gone with his deceased wife Raj Kumari, to E -16, Feroz Shah Road, the house of PW -2, which he often used to visit for the purpose of getting employment for himself. On that day also he had gone to his house hoping that he would accede to his request and get him a job. At about 8.30 PM PW -2 gave money to the accused to bring some food and ice -cream; he i.e. the accused came back after purchasing the ice -cream at about 10.00 PM. PW -2 was in the room where the television and V.C.R. were on; his wife was also in the room; the room was bolted from inside. On repeated knocking when PW -2 did not open the door, the accused started pounding it which led to an altercation between the husband and wife and so much so that when PW -2 intervened, his wrist watch broke and fell down; in this process shirt of the accused also tore. This watch was lifted by the deceased Raj Kumari. Accused was pacified; thereafter the accused and his wife retired for the night in the adjoining room. This verbal duel between the husband and wife had been witnessed by Ved Pal PW -12 who was chowkidar posted at 16 -B, Feroz Shah Road as also by H.C. Madan Lal PW -17 who was the security guard posted in the adjoining house of PW -16 at 16 -C, Feroz Shah Road, New Delhi.