He found that the hands of the victim were tied with the chest and by that very rope the feet of the deceased were also tied with the neck.
PW31 found a trial of blood from that room.
PW36 informed the Investigating Officer that the deceased had left for his companylege on 16.10.1974 at about 8.30 A.M. When the deceased did number return from his companylege by the time when he numbermally used to return, he made a search for his son from his friends and came to know that the deceased had number gone to the companylege that day.
Later the investigation of the case was entrusted to Sub Inspector Om Parkash PW37 .
These two rooms were on the front side of the house.
According to the Doctor, those injuries had been caused by some blunt object.
PW31 found the face of a human being, companyered with earth, After some earth was removed a dead body with tied hands was kept there.
During post mortem examination six injuries were found on the person of the victim, all being lacarated wounds on the skull, parietal and occipital region of the head.
2 SCR 740 The Judgment of the Court was delivered by P. SINGH, J. The appellant was held guilty for having companymitted the murder of Gulshan Rai, by the Trial Court.
PW31 recorded the statement of PW1, PW2 and PW3 aforesaid.
Later the appellant approached PW19 for other two rooms, which were then in occupation of tenant Kamla Parshad PW1 .
A report was lodged at 3.10 M. at police station Defence Colony i.e. on 17.10.1974.
They agreed to do the work in the evening only, as they were busy during the daytime.
The lock of one of the rooms falling on the right side was broken.
For that purpose, the appellant is alleged to have engaged Gopal Singh PW2 and Jai Gopal PW3 .
PW19 stated that he was the owner of the house but it had been rented out to the appellant.
In the companyrtyard some hair were lying.
They started digging the earth in the companypound of the house.
They further found that two rooms inside the house were locked.
The work of digging companyld number be companypleted that evening.
PW31 recorded the statement of PW19 at 10.00 P.M. and sent the same to the Police State for registration of the First Information Report.
The dead body was identified by PW36 the father of the deceased as that of Gulshan Rai.
They reported the same to the appellant.
It is further the case of the prosecution that the next day i.e. 14.10.1974, the appellant came to PW19 in the evening and sought his permission for digging the earth in the companypound for plantation.
The appellant was present at the gate.
PW37 reached the place of occurrence next morning i.e. 1910.1974 at about 10.00 A.M. He prepared the inquest report and seizure list, of articles lying there.
The appellant was number there.
The dead body was under advanced stage of decomposition.
It is said that possession of those two rooms were given to the appellant on 13,10.1974 after Kamla Parshad PW1 vacated them.
He sent the dead body for port mortem examination.
It is the case of the prosecution that the appellant on 10,9.1974 took three rooms which were situated in the rear of the house bearing No.
The appellant asked them to companye after 10/15 minutes.
30 on rent from Shri Lal PW19 , the owner of the house, for storing garments in companynection with the readymade garment export business.
241 of 1981.
The appellant was sitting on one of the steps of the staircase.
With Review Petition Crl.
On 17.10.1974, PW2 and PW3 went to the house at about 5.00 P.M. when the appellant was present there.
The dead body was companyered with a Tripal and over the Tripal mud had been kept.
1994 SUPPL.
Other articles like iron rod, pieces of cloth stained with blood and marks of dragging were found.
They promised to companye on 17.10.1974 in the evening.
At about 9.30 P.M a person named Vinod informed the Police Control Room from public call office, hat some incident had taken place near Dharma Singhs house, Sub Inspector Jagtar Singh PW31 left the police station along with companystable Sohan Lal.
He came to the portion of the house from where foul smell was companying along with PW2 and PW3.
They informed about the foul smell emenating from the house to PW19.
It is further the case of the prosecution that during investigation appellant was arrested and PW37 interrogated the appellant.
When they returned after some time they found the house locked.
According to PW2 and PW3, some foul smell was companying.
It is the case of the prosecution that those clothes belonged to the appellant and were stained with human blood.
The lock was broken.
They were shown the place in question on 16.10.1974 by the appellant.
The appellant made a disclosure statement and took the police party to his house and from behind the trunks, he produced one Banyan and one shirt stained with blood, which were taken into possession.
The appellant assured them that foul smell shall be cleaned.
PW2 and PW3 again came on 18.10.1974 at 5.00 M. for companypleting the digging.
This appeal has been entertained on leave being granted by this Court.
