MADHU MAHTO Vs. STATE OF HARYANA

JUDGEMENT

(1.) This case relates to the alleged murder of Smt. Usha Rani, a middle aged woman, the mistress of the house by Madhu Mahto, a Bihari, working as a domestic servant in her house, a month before the present occurrence. Shri J.P. Bhuchar, P.W. 5, was living at House No. 154 Sector 17, Panchkula along with his wife, the deceased Smt. Usha Rani and their only son Rajan Bhuchar, P.W. 4. His daughter Dolly was already married and was living away along with her husband. Shri Bhuchar is a businessman and is running a factory in Phase II, Industrial Area, Chandigarh. The father and son normally used to be away to the factory and used to leave the house around 9 or 9.30 A.M. leaving behind the deceased at home to look after the domestic work and other house hold work.

(2.) On 31.5.1993, Shri J.P. Bhuchar and his son Rajan Bhuchar left the house as usual. However, Rajan Bhuchar returned at about 5.30 or 6.00 P.M. when he found his mother lying dead in a pool of blood with injuries. He gave a telephonic call to his father and informed him about the incident. He also informed his sister Dolly, who was living in Sector 36, Chandigarh and his cousin living in Sector 8, Panchkula. Rajan Bhuchar set out for informing the police and on the way came across Sub Inspector, Surinder Singh, P.W. 7, on the way where his statement Ex. PK was recorded at 7.30 P.M. on the basis of which formal F.I.R. Ex. PK/2 was recorded. Thereafter Sub Inspector Surinder Singh immediately reached the scene of occurrence and prepared rough site plan Ex. PQ, inquest report Ex. PD and took into possession blood-stained articles i.e. a wooden stick Ex. P-30, two pillows, two mattresses, one bed sheet Exhts. P-31 to P-35 vide recovery memos Ex. PN and PL. He dispatched the dead body for post-mortem examination.

(3.) The servant i.e. Madhu Mahto appellant was suspected to be having a hand in the crime since he was not present at the residence. Inspector Shiv Kant Dubey, PW.8 thereafter headed the investigation. He along with J.P. Bhuchar went in search of the appellant to various places such as Chandigarh, Zirakpur, Derra Bassi and ultimately on 1.6.1993 when they reached Lalru the appellant was seen there in the vicinity of Railway Station along with a plastic bag. J.P. Bhuchar, PW. 5, pointed out towards the appellant that he was the man concerned. Therefore, the appellant was taken into custody. His clothes i.e. pant and shirt Ex. P1 and P2 having stains of blood were taken into possession vide memo Ex. PS. Articles Ex. P6 to P29 contained in the plastic bag were also taken into possession vide memo Ex. PO. These articles were identified by J.P. Bhuchar to be belonging to his wife. The articles recovered from the scene of occurrence were sent to the Forensic Science Laboratory, Madhuban and report Ex. PJ was received. After completion of the investigation, the appellant was challaned to stand trial.