Ramu Paswan v. State

PRADEEP NANDRAJOG, J.

INDERMEET KAUR, J. May 18, 2009 Dharmender

i.8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 18th May, 2009 + CRL. APPEAL 66/2009 RAMU PASWAN ..... Appellant Through: Ms.Charu Verma, Advocate. versus STATE ..... Respondent Through: Mr.Pawan Sharma, APP and Ms. Richa Kapoor, APP for the State. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE INDERMEET KAUR 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. (Oral) 1. Vide impugned judgment and order dated 6.7.2004, the appellant has been convicted for the offence of having murdered Mrs.Raminder Khurana W/o Brig. Devinder Singh Khurana at their residence i.e. Flat No.H-3/8 Shanker Vihar, Delhi Cantt., New Delhi. Vide order dated 7.7.2004, the appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine in sum of Rs.500/-; in default of payment of fine to undergo simple imprisonment for six months. 2. The entire case of the prosecution stands summarized and set out in the statement Ex.PW-3/A made by Smt.Sunita Malik W/o Col.Anil Malik (PW-3) and the tehrir Ex.PW-23/A recorded by Inspector S.P.Gupta PW-23. 3. On 29.9.1999 at 1521 hours DD No.16-A was recorded by the Duty Constable at PS Delhi Cantt. to the effect that police control room had flashed a wireless message pertaining to a housewife being stabbed at H-3/8 Shanker Vihar. 4. Inspector S.P.Gupta PW-23 accompanied by ASI Gopal Krishan and Const. Rakesh left for the spot and on reaching the place of the occurrence met Smt.Sunita Malik W/o Col. Anil Malik PW-3 who informed the Inspector, as recorded in her statement Ex.PW-3/A, as under:- "Statement of Smt.Sunita Malik, W/o Col.Anil Malik, R/o H-3/6, Shankar Vihar, Delhi Cantt. New Delhi, aged 42 years I reside at the aforenoted address with my family. My husband Col. Malik is posted at the Army HQ New Delhi. Today at around 3 O" clock I heard sound of knocking at the main door followed by ringing of the bell. On opening the door I saw Mrs.Raminder Khurana smeared in blood lying outside the main door. She was bleeding profusely from the chest. At the gallery outside Mrs.Shashi and my servant Santosh W/o Kali Charan as also another servant were standing. A servant ran downstairs and called Col.Gurang so that Mrs.Khurana could be removed to the hospital. I handed over the key of my car to Col.Gurang. Neighbours removed Mrs.Khurana to the car. Santosh told me that she had responded to the shrieks of her house mistress and as she reached the house of Brig.Khurana she saw somebody closing the door from inside. Somebody informed the police. On arrival the police broke the main door of the flat of Brig.Khurana and from within took out the domestic servant Ramu working with Brig.Khurana. At that time the clothes of Ramu were stained with blood." 5. On the statement Ex.PW-3/A, Inspector S.P.Gupta made the endorsement Ex.PW-23/A recording as under:- "To the duty officer Delhi Cantonment New Delhi. On receipt of a wireless message that the wife of a brigadier has been stabbed at house No.H-3/8, Shankar Vihar, along with ASI Gopal Kishan and Const.Rakesh 976/SW I reached H-3/8, Shankar Vihar and found SI Uddham Singh along with the staff of the PCR present. I learnt that Mrs.Raminder Kaur W/o Brig.Devender Singh who had stabbed with a knife had been removed to R.R.Hospital from outside house No.H-3/8, Shankar Vihar and H-3/6 Shankar Vihar as she was found lying in the space outside said two flats. Blood stains are present at the place of occurrence. Statement of Smt.Surinder Malik R/o H- 3/6 Shankar Vihar has been recorded at the spot as per which she has informed that somebody had closed the main door of the flat of Mrs.Raminder Khurana from within. With the help of all police personnel the main door was broken a person whose identity was disclosed as Ramu S/o Rogani Paswan, R/o Village Pachari was found inside with a belt in o