Santosh @ Bhure v. State (Gnct) of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. March 05, 2009 Dharmender

* IN THE HIGH COURT OF DELHI % Judgment Reserved On: 2nd March, 2009 Date of Decision : 05th March 2009 + CRL.A.682/2008 SANTOSH @ BHURE ..... Appellant Through: Mr. Anish Dhingra, Advocate versus STATE ..... Respondent Through: Mr. Pawan Sharma, Advocate + CRL.A.316/2008 NEERAJ ..... Appellant Through: Mr.S.P.Singh Chaudhary & Mr. Y.R.Sharma, Advocates versus STATE ..... Respondent Through: Mr. Pawan Sharma, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? Yes 3. Whether judgment should be reported in Digest? Yes : PRADEEP NANDRAJOG, J. 1. On 12.9.2000 at around 10:39 AM a call was received from one Ramesh Chand at PCR Control Room informing that a tenant has been murdered at House No. D- 156 J.J. Colony, Khayala. The message was noted and the information was flashed on the district net. 2. At 10:46 AM the information was received at Police Station Tilak Nagar by the wireless operator Mange Ram PW- 21. Lady HC Kusum PW-12, recorded DD No. 6A, Ex.PW-12/A. DD No. 6A was handed over to SI Rajesh Kumar PW-15, who proceeded to the spot along with HC Ranvir PW-8, Ct. Satpal PW-5 and Ct. David. They found a dead body on a folding bed with injuries on the stomach and chest. A piece of cloth was tied around the neck of the dead body. The body was lying on a bed with three bed sheets and one shawl; blood was spread on the floor under the bed. A stool was lying in a corner of the room. A steel plate, having some salad; a glass; a steel bowl with some salted snacks and a quarter bottle of whisky with 1/4th portion of liquor in it was seen. The dead body was seized and personal search yielded a letter Ex.PW-15/F from the left pocket of the trouser of the deceased which was seized vide seizure memo Ex.PW-3/J. 3. SI J.L.Meena PW-28 the additional SHO of the police station who received the information also reached the spot and met Ramesh Chand PW-3, the owner of House No.D-156, J.J.Colony, Khayala. He recorded his statement Ex.PW-3/A as per which he informed that on the recommendation of Raj Kumar PW-4, his tenant on the first floor of the house, he had inducted accused Santosh @ Bhoora as a tenant on the second floor of the premises four months prior to the date of the incident. That on 11.09.2000 at about 12 noon, accused Santosh @ Bhoora came to his shop to purchase some snacks and cigarette. That accused Bhoora informed him that a guest had come to his house and they were having snacks and drinks together. That thereafter at about 4.00 p.m., he saw accused Bhoora leave his house in a nervous condition carrying a bundle (gathri) in his hands. That today i.e. 12.09.2000 at about 10:30 a.m. the elder son of Raj Kumar informed him at his shop that a dead body from which foul smell was emanating was lying in Bhoora"s room. That he informed the Police. SI J.L.Meena made an endorsement Ex.PW-28/A on the statement Ex.PW-3/A and sent Ct. David to the police station for registration of the FIR. Lady HC Kusum recorded the FIR Ex.PW-12/B on receipt of the rukka. 4. A photographer Rahul PW-17 was summoned who took photographs Ex.PW-17/A1 to Ex.PW-17/A4 of the place of occurrence. The dead body was seized and sent to the mortuary at DDU Hospital. 5. SI Rajesh Kumar lifted the blood stained clothes i.e. three bedsheets and a shawl and seized them vide Seizure Memo, Ex.PW-3/B. The folding bed was seized vide Seizure Memo Ex.PW-3/C. The blood (sample) on the floor was lifted vide Seizure Memo Ex.PW-3/B. The utensils found near the folding bed were seized vide Seizure Memo Ex.PW-3/G. 6. The post-mortem of the deceased was conducted on 13.09.2000 by Dr.M.M.Narnaware, the post-mortem report, Ex.PW-27/A, records the following injuries on the person of the deceased:- "(i) One perforating injury on sterna region vertically placed, located at 10 cms left to right nipple and 9 cms below sterna, size 3 cms x 1.1