INDU ANAND Vs. STATE OF (UNION TERRITORY, CHANDIGARH)

JUDGEMENT

(1.) SHRI J.S. Anand, D.I.G. Police [now deceased], his wife Smt. Indu Anand petitioner accompanied by their son Sumanjit and Sandy (Sandip Singh. nephew of the deceased) attended a drink party in house No. 541, Sector 10, Chandigarh on July 12, 1983, and returned to their house No. 17, Sector 3, Chandigarh, at about 11 P M. Yuvika, daughter of the deceased, did not attend the party and stayed at home. On return from the drink party, the petitioner went into the kitchen whereas the deceased, his son and Sandy went to their own rooms upstairs. Darshan Lal. who worked at the house of the deceased, was busy in the kitchen at that time. As directed by the petitioner Darshan Lal placed eatables on the dining table. The petitioner went up-stairs to call the deceased and the children for dinner. The petitioner and the deceased quarrelled up-stairs and shouted at each other in English. The petitioner was in great anger. She come down and left the house in the car at about 11. 15 P = M. A few minutes thereafter Sumanjit approached Darshan Lal and told him that he should not give the store key to deceased if the latter asked for it on the pretext that was with the petitioner. The petitioner returned after about 20 minutes. She met the deceased on way when she was going up-stairs. The petitioner shouted at the deceased in English'. The deceased went out of the house. Yuvika called her father when the latter had reached the gate of the house. The deceased who was tipsy and could not walk straight did not look back. Yuvika then shouted to her brother that the deceased was going. Sumanjit came, down running followed by Sandy. The two boys followed the deceased and in about 10 minutes brought him back holding his arms. The deceased was taken inside the house. The petitioner caught the neck of the deceased with her hands when he reached near the Sofa and pressed it hard. she was in great anger and shouted "Kill Kill". The two boys held the hands of the deceased to prevent his fall. The deceased fell down on the carpet after the petitioner had pressed his neck with her hards. Darshan Lal brought a glass of water and with the help of a spoon put some water into the mouth of the deceased. The water did not go down the throat of the deceased. The boys removed the shoes of the deceased and rubbed his feet. The petitioner loosened his trousers. She felt his pulse and tested if he was breathing. Sensing that something, serious had happened, all got perplexed. Yuvika started crying' The petitioner directed her to go up stairs. The petitioner suggested to Darshan Lal to help in throwing the dead body in the lake which would avoid the involvement of all in the crime. Sumanjit brought the car and opened its dickey. The dead body was lifted and placed in the dickey of the car. The dead body was brought to the lake by the petitioner, two boys and Darshan Lal. The dead body was thrown in the lake.

(2.) THIS is the version of the occurrence relating to the death of Shri J.S. Anand during the night intervening July 12 and 13, 1983. given by Darshan Lal in his statement recorded by Shri K C. Lohia, Magistrate, under section 164, Criminal Procedure Code, on September 1, 1993. Darshan Lal, was tendered pardon under section 306, Criminal Procedure Code, by Chief Judicial Magistrate, Chandigarh, vide order dated September 19, 1983, (P. I). The relevant part of the order reads :

(3.) THE learned counsel for the petitioner has argued that no case for tendering pardon to Darshan Lal as approver in terms of section 306, Criminal Procedure Code is made out with the result that the impugned order P. 1 is liable to be set aside