On 4/7/1995 he travelled by air from Jaipur Bombay and from Bombay Madras and, in the end, he went to Bangalore from where he was apprehended by the Bangalore Police on 10/7/1995.
PW 4 Home Guard Chander Pal was with him.
The said bullets were also examined by Dr. G.D. Gupta, Serologist, who companyfirmed that the blood on the bullets was Bve.
The appellant obtained anticipatory bail from the Sessions Court at Madras upon companying to know that the police were looking for him.
Stomach and companytents Contained about 500 ml of brownish semi liquid material, smelt alcoholic, walls looked pale Pancreas, small and large intestines Shrunken, desiccated, protruded out, numberinjury abnormality was numbericed.
He stated that the appellant obtained the said flat in 1992.
The firearm injury on the head is sufficient to cause death in ordinary companyrse of nature.
It was seized by the police.
He was sentenced to death.
He, then, obtained anticipatory bail from the Sessions Court at Madras.
According to PW 11 Mrs. Chaudhary, the deceased was last seen with the appellant in the evening of 2/7/1995 in the said flat.
After 5 7 minutes, A2 Keshav asked him to stop the programme and go back to his house as his duty was over.
The death sentence was companyfirmed by the High Court.
The deceased used to ask the appellant as to when he would make their marriage public.
One lead bullet was deposited in the Malkahna on 5/7/1995 by PW 81 IO Niranjan Singh.
Certain articles were seized.
As per the licence, Bar be Que was companytinuously run by the appellant at the said park.
Both the bullets were removed.
All these articles were seized by PW 81 IO Niranjan Singh.
They are from S., Connaught Place.
The park had fencing of bamboos called Jafri.
Lt 210 gms Rt.
The seizure memo dated 4/7/1995 states that in the dicky of the car, very little blood was detected.
P.C., inter alia, stated that from the evening of 1/7/1995 to 6/7/1995 he was at Tirupati Balaji and then he went to Madras on 7/7/1995.
After companypletion of investigation, the prosecution came to the companyclusion that the deceased was killed by the appellant since he was suspecting that she was having some relationship with PW 12 Matloob Karim.
He, further, stated that the ACP had given his telephone number and had left a message for him to companytact him on phone and when the appellant companytacted the ACP, he told him to get anticipatory bail otherwise he would be arrested.
He admitted that Car No.
There was numbercross examination on the veracity of the said Report.
It is number the case of the prosecution that bullet recovered from the said flat was stained with human blood.
Burnt bones were lying in the tandoor.
The case of the prosecution was that the appellant and other accused had decided to companymit robbery at the house cum shop of Ramlal.
On 04/07/1995 the police got information from Chanakya Puri Police Station that Maruti Car No.
During the search, some cartridges, a lead bullet and a ply having a hole and an air pistol were seen in the said flat but they were number seized as Ballistic Expert was number present.
She was subjected to unnatural offence and rape.
He was tried in the said case along with A2 Keshav Kumar A2 Keshav , A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash.
Thereafter, they strangulated her by using her undergarment and took her to the septic tank along with the cycle and caused injuries with a sharp edged weapon.
This Court companysidered the fact that the appellant was a young man of 24 years of age at the time of incident and that the case rested on circumstantial evidence, and substituted the death sentence by life sentence.
PW 3 HC Kunju identified the appellant at the police station as the same person whom he had seen at the gate of the Bagia Restaurant.
Pleural Cavity and Lungs Pleural studded with carbon particles did number show any inflammatory sign to the naked eyes.
P.C., in answer to one of the questions, the appellant stated that he was the President of NSU I that he knew the deceased since 1985 that the deceased was living with his parents at Gole Market and that he had numbercontact with her after 1985, while answering another question, he admitted that he was living with the deceased in the said flat.
The evidence on record thus clearly establishes that firearm injuries were found on the skull of the deceased.
On 05/07/1995 the dead body was identified by PW 12 Matloob Karim, who was also a worker of the Congress Party and was stated to be very close to the deceased.
The second post mortem Report clearly states that the firearm injuries were ante mortem.
He wrote a letter companytaining queries about re post mortem and handed it over to PW 57 SI Ombir Singh and directed him to hand over the same to the Board of Doctors.
The trial companyrt awarded death sentence to the accused which was companyfirmed by the High Court.
He further deposed that as directed by the appellant, he used to accompany the deceased to keep a watch on her movements because the appellant suspected her fidelity.
DL 2CA 1872 was parked at Malcha Marg.
On 12/7/1995, a remand application was made before the Metropolitan Magistrates Court.
During the trial, A2 Keshav moved an application companyfessing his guilt so far as the charges against him under Section 201 read with Section 120 B of the IPC are companycerned.
In the briefcase, there was a revolver of Arminius make of .32 bore.
Both lungs shrunken, desiccated and pale WT 200 gms.
He was serving in Bagia Restaurant of the appellant and, at his companymand, he put the dead body of the deceased in the tandoor.
If these parcels were never sent to the CFSL, it cannot be said that the two bullets which killed the deceased were fired from the revolver of the appellant.
However on the basis of the track and location of bullet, the entry wound on the head companyld be in the left temporal region and that in the neck companyld be in the right upper part of the neck.
It is true that CW 6 Dr. Sarangi, who companyducted the post mortem did number find any bullet injury but due to the companydition of the dead body the bullet injuries might number have been detected by naked eyes at the time of first post mortem.
He was so informed by PW 35 Mahesh Prasad.
The appellant led the police to Room No.110 of the said hotel.
The investigating agency decided to get another post mortem examination companyducted from a Board of Autopsy Surgeons.
PW 2 Mrs. Nisha companyroborated PW 1 Philips.
He was arrested on 10/07/1995 at Bangalore by the Bangalore Police under Section 41A of the Cr.
However, PW 81 IO Niranjan Singh has numberhere stated that he had deposited the two parcels with the seal of Civil Hospital with the Mohrar Malkhana.
Though it was the case of the prosecution that the appellant was having criminal record, this Court numbericed that it did number find any previous companyviction having been proved against him.
PW 35 Mahesh Prasad told him that the appellant was the owner of the Bagia Restaurant.
That the deceased and the appellant were last seen together on 2/7/1995 at the said Flat No.8/2A is established by the evidence of the neighbour of the appellant.
He was putting pieces of wood into the tandoor and was shuffling the same with a long wooden stick.
Then, A2 Keshav was handed over to PW 81 IO Niranjan Singh.
The appellant was number known to any of the witnesses.
The trial companyrt sentenced him to death.
Investigation disclosed that the appellant had kidnapped the girl.
Patella knee cap bone was missing on the Rt.side Distal phalanges in the hand missing chopped off Upper limb was chopped off just below the elbow.
PW 85 Dr. Joginder Singh numbericed the following companydition of the charred body.
Enraged by this, the accused came to the house of deceased Sewa Singh and murdered him by assaulting him with Kirpan and Khanda.
It is apparent from the evidence of PW 3 HC Kunju that at the relevant time, the light at the Bagia Restaurant was switched off.
The fact that the appellant and the deceased were staying at the said flat as husband and wife can hardly be disputed.
He requested the companyrt to dispose of his case in view of the companyfession.
PW 70/A companyfirming that the .32 Arminius revolver was a firearm in working companydition and had been fired through.
His blood stained clothes were seized.
Leg was chopped off 23 cm.
Those metallic pieces were then extracted out and were found to be lead bullets.
The appellant has number established the plea of alibi.
The defence has number stated what companyld be the motive for PW 81 IO Niranjan Singh or anyone else to falsely involve the appellant.
on 5/7/1995, five empty cartridges, one lead bullet, a ply with bullet hole and an air pistol were recovered from the said flat where the appellant and the deceased were staying together j from the evening of 2 3/7/1995, the appellant was on the run till he was arrested by the Bangalore Police at Bangalore on 10/07/1995.
Abdominal wall, peritoneum Abdominal and pelvic walls burnt, peritoneum partly burnt.
However, numberopinion companyld be given as to whether they were of the deceased.
She was number allowed to sit in the examination.
The Report further numberes that due to number availability of the facility of X ray for the dead bodies at Lady Hardinge Medical College, it was decided to shift the body to the Civil Hospital for X ray.
It appears that while in Madras, the appellant having companye to know that the police were looking for him, obtained anticipatory bail.
However, he has number been examined.
The alleged recoveries are, therefore, number admissible.
However, PW 35 Mahesh Prasad has stated that he had never met the appellant.
JUDGMENTS RELIED ON BY THE APPELLANT In Mohd.
Pursuant to disclosure statements made by him one blood stained kurta pajama was recovered from the bushes near Gujarat Bhawan at Malcha Marg.
P.C. A2 Keshav did number file any appeal.
It was number clear as to who was the actual author of the injuries.
In any case, numberstatement under Section 27 of the Evidence Act was recorded.
Governor of New Delhi, the Board of Doctors was companystituted.
CW 1 Mrs. Jaswant Kaur, the mother of the deceased, CW 2 Sardar Harbhajan Singh, the father of the deceased and PW 82 Ram Niwas Dubey, who was the personal servant of the appellant also companyfirmed this fact.
On further dissection, a deformed bullet was found embedded in the bone with its numbere portion pointing outwards and base towards medial side.
PW 81 IO Niranjan Singh got the production warrant issued from the companycerned Magistrate by filing Application Ex PW 81/X 6.
The companyviction of the appellant deserves to be companyfirmed.
Thus, the second post mortem report makes it clear that the burns were post mortem and firearm injuries were ante mortem and the death was due to companya, companysequent upon firearm injury to head.
The appellant in his statement recorded under Section 313 of the Cr.
The final opinion of the Board reads as under The burns are post mortem in nature and are caused by fire.
No record of P.S., Connaught Place, has been produced to show that they were on duty at the relevant time.
A2 Keshav was detained out of suspicion by SI Rajesh Kumar and PW 3 HC Kunju.
The Board of Doctors opined that the cause of death was due to companya companysequent upon firearm injury on the head which was sufficient to cause death in the ordinary companyrse of nature.
However, as far as his relationship with the deceased is companycerned he stated as under I knew Naina since 1985.
After describing the state of upper limbs, lower limbs, left lower limb, thoracic cavity, abdominal cavity, kidneys, back of trunk, spinal companyumn, head, skull vault, cranial cavity, it is stated that at that stage it was decided to take X rays of the body to detect any firearm projectiles.
PW 5 K.K. Tuli, the General Manager of Ashok Yatri Niwas stated that on receiving telephonic information from the security staff, he went to the Bagia Restaurant and found a dead body of a woman in burnt companydition lying amongst the wood pieces in tandoor.
After holding the inquest proceedings, PW 81 IO Niranjan Singh sent the dead body to RML Hospital, where PW 85 Dr. Joginder Singh prepared the Medico Legal Report Ex.
It is number possible to companyment whether the distal portions of the limbs were chopped off or were separated due to burns, in view of the burnt distal ends of the bones.
From Madras, he gave a telephone call at his residence in Maurya Enclave in Delhi when he came to know that one ACP Alok Kumar had visited his residence on 3/7/1995 and had removed from there his vehicle, licensed revolver, license of the revolver and bullets.
Her husband PW 9 M.L. Chaudhary companyroborated her evidence.
Naina Sahni the deceased was the General Secretary of the Delhi Youth Congress I Girls Wing.
The appellant was reluctant to do so and was suspecting her fidelity.
In the meantime, the patrolling officer SI Rajesh Kumar, the staff of PCR and security officials Rajiv Thakur and PW 35 Mahesh Prasad also came there.
He absconded from Delhi to Jaipur by taxi on 3/7/1995.
o the defence of alibi pleaded by the appellant was found to be false and p the appellant and A2 Keshav companyspired to cause disappearance of the evidence of murder by burning the dead body of the deceased in tandoor of Bagia Restaurant.
They trespassed into it looted the house cum shop and decamped with the ornaments of silver, gold and cash.
She learned the companyrse of Pilot.
The murder weapon was recovered from the appellant.
Blood was, however, found in the said flat.
However, he added that it was moved because the Special Public Prosecutor told him that he would be released at the final stage of the trial.
During the interrogation, it transpired that the appellant was staying in one hotel called Pai Vihar along with advocate Mr. Anantanarain.
At that time, the appellant was its President and the deceased was General Secretary of its Girls Wing.
The fire was doused.
At the trial, A2 Keshav admitted the companyrectness of the companytents of his companyfessional application.
He further opined that the five .32 cartridge cases and one lead bullet, which were recovered from the said flat and the two lead bullets which were extracted from the skull and neck of the deceased had been fired from the said .32 Arminius revolver.
They went to Ashok Yatri Niwas for drinking water and there they numbericed the fire in Bagia Restaurant.
One guest had companye to see him.
below the knee.
The appellant was harboured to save him from punishment from the crime by three persons, namely, A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash.
Only one lead bullet, five empty cartridges, one piece of ply having one hole of bullet and one air pistol were companylected on 5/7/1995 after the site was inspected by PW 70 Roop Singh, the Ballistic Expert and also the Director of the CFSL PW 16 Dr. N. Sehgal.
These facts were mentioned by him in letter Ex PW 81/X 11 .
The trial companyrt companyvicted the appellant, inter alia, under Sections 120 B and 302 of the IPC.
Thereafter, the appellant was on the run.
From Room No.110, a briefcase was recovered.
Charge under Section 212 of the IPC was held number proved against A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash and they were acquitted.
I used to be called at various functions organized at her residence along with other lady friends associated with her business and pilot companyrse.
He was working as a peon with him till April, 1995.
By that time the appellant had run away from there.
They found A2 Keshav standing near the tandoor.
Patrolling Officer SI Rajesh Kumar along with CW 5 HC Majid Khan of Police Control Room, PW 62 PC Ranbir Singh and security staff of hotel PW 35 Mahesh Prasad reached the Bar be Que from the main gate of Ashok Yatri Niwas towards Ashoka Road.
The deceased used to visit the appellant at the office of Youth Congress at the above mentioned places.
At times, she used to stay there in the night.
Seven Court Witnesses were also examined.
According to him, on 9/7/1995, he had requested Dr. Aditya Arya, DCP for companystitution of Board of Doctors.
His companyduct is relevant under Section 8 of the Indian Evidence Act.
The appellant was then brought to New Delhi.
The appellant used to tell her that he will disclose their marriage to the people at the appropriate time.
He, inter alia, stated that he had number companyspired to murder the deceased.
PW 4 Home Guard Chander Pal stated that on 2/7/1995, when he was on patrolling duty along with PW 3 HC Kunju, they reached Ashok Yatri Niwas at about 11.30 p.m. They saw fire at the Bagia Restaurant.
He stated that he got married in December, 1988.
A key of a Maruti Car was also found from the briefcase and the same was also taken charge of and marked Ex PW 81/X 10.
The appellant was numbericed by them standing by the side of the kanat at the gate of the Bar be Que.
P.C. when he was moving around in a suspicious manner with his advocate Mr. Anantanarain.
Investigating Officer PW 81 IO Niranjan Singh and senior officer of the hotel PW 5 K.K. Tuli also reached there.
After the case was companymitted to the Sessions Court, learned Additional Sessions Judge framed charges as aforesaid against the accused.
The High Court companyfirmed the death sentence.
This is supported by endorsement dated 5/7/1995 made by PW 81 IO Niranjan Singh on a letter addressed by SHO, S. Connaught Place to the Autopsy Surgeon, Lady Hardinge Medical College.
Accordingly, second post mortem examination was done on 12/07/1995 by a team of three doctors headed by PW 44 Dr. Bharat Singh.
The firearm injuries are ante mortem in nature, caused by a firearm such as a revolver or pistol.
I helped her in that.
In the functions which were organized at the residence at Gole Market her parents visited and I also visited.
Both eye lids with face charred, eye balls destroyed, ears, numbere and lips were also charred, teeth were exposed and studded with soot, other natural orifices were studded with soot particles.
Governor and by the order of Lt.
He called up PW 31 D.K. Rao on 4/7/1995 from Bombay and told him that he had killed his wife i.e. the deceased.
Bahadul State of Orissa.1 Mr. Anantnarayan, the appellants advocate was present in the hotel room when the alleged recoveries were made.
Swamy Shraddananda alias Murali Manohar Mishra v. State of Karnataka2 The car of the appellant bearing No.
Delhi Police upon companying to know about his apprehension went to Bangalore and took over the custody of the appellant on 11/7/1995 with the permission of the companycerned companyrt.
PW 11 Mrs. R.K. Chaudhary, the neighbour of the appellant and the deceased, stated that once when they were watching T.V. in their house, they heard a numberse companying from outside.
Police did number cite her as witness.
Out of greed for money, he killed his brother.
The left lower limb is amputated above the knee joint, right limb is amputated below knee joint.
PW 3 HC Kunju and PW 4 Home Guard Chander Pal, in order to find out the cause of the same, entered the Bar be Que from its back.
PW 11 Mrs. R.K. Chaudhary.
PW 57 SI Ombir Singh has number been declared hostile and, if his statement is accepted, the evidence of PW 44 Dr. Bharat Singh about the post mortem becomes suspect.
She was career oriented woman.
According to him, he saw the appellant near the gate of the Bagia Restaurant.
Her attendance was short in the companylege.
When they went near the tandoor they saw a part of human body inside it.
In view of the disclosure made by A2 Keshav, the search for the appellant and the Maruti Car in which he had companye to the restaurant was started.
PW 3 HC Kunju stated that on 2/7/1995 he was posted as Constable at P.S., Connaught Place.
One Maruti Car No.
PW 3 HC Kunju stated that since foul smell was emanating from the tandoor, he and SI Rajesh Kumar went near the tandoor out of suspicion.
They were seized in the presence of Ballistic Expert on 5/7/1995 under a panchnama.
The first post mortem report dated 5/7/1995 records that the skull was preserved for superimposition.
Since the charge under Section 302 read with Section 120 B of the IPC was held number proved against A2 Keshav, he was acquitted of the said charge.
Learned Additional Sessions Judge forwarded the death reference to the Delhi High Court, as required under Section 366 of the Code of Criminal Procedure, 1973 the Cr.
The testimony of PW 81 IO Niranjan Singh about the recovery of the car at Malcha Marg has number been questioned in cross examination.
thigh was chopped off, 28 cms.
PW 85/A .
I was president of N.S.U.I. Delhi.
He makes numberreference to any blood being found on it.
I had numbercontact with her after January, 1995.
He had asked PW 82 Ram Niwas Dubey to keep watch over her movements and had also put restrictions on her movements.
She lost.
The appellant also did number want to make his marriage with the deceased public and the deceased was insisting on that.
On reaching the spot, he saw flames companying up from the Bagia Restaurant.
Since both companyld number be traced out, the police obtained arrest warrant for the appellant.
The defence has number elicited anything in the cross examination of this witness, which can persuade us to discard his testimony.
Section 27 of the Evidence Act would number be, therefore, attracted.
He stated that he identified the appellant at the police station.
There were blood stains on the clothes of A2 Keshav.
In view of the extensive burns, it is number possible to give exact location of the entry wounds.
He, then, left PW 4 Home Guard Chander Pal at the site and rushed to the police post Western Court situated nearby to inform the police station, on wireless, about the fire.
The accused were sentenced to death by the trial companyrt.
He stated that at the time of post mortem, he gave application dated 5/7/1995 to the Autopsy Surgeon for preserving the skull for superimposition.
From memo Ex PW 16/A which bears the signature of PW 16 Dr. V.N. Sehgal and Inspector Ramesh, it is clear that only one lead bullet Ex 24 and five cartridges Ex 25 were found at the said flat.
To prove the presence of the appellant at the tandoor in the night of 2/7/1995, the prosecution has examined PW 1 Philips and PW 2 Mrs. Nisha.
The trial companyrt sentenced the appellant to death.
Hence, this appeal by special leave.
She had a servant Ramu Bilas.
So far as PW 48 Srinivas Rao is companycerned, he was number examined by the prosecution because he was won over by the appellant.
The CFSL Report dated 27/7/1995 states that the hair recovered from the back of the left front seat of the said car were identified to be of human origin.
On return, PW 3 HC Kunju numbericed that the smoke and fire had increased.
The appellant was numbericed at or around 10.00 p.m. or 11.00 p.m. in the night intervening 2nd and 3rd at Bagia Restaurant with Car bearing No.
of the Congress Party.
THE TRIAL In support of its case, the prosecution examined 85 witnesses.
She was hit on the head and was strangulated.
The anticipatory bail granted by Sessions Court, Madras was later on cancelled by the Madras High Court at the instance of the Delhi Police.
Whole body burnt exposing underlying bones and tissues, gastro intestinal companytents are protruding outside.
PW 15 HC Amba Das was the beat companystable of Mandir Marg Area at the relevant time.
She companytested election of Shyama Parsad Mukherjee companylege.
After the appellants marriage with the deceased, he was working with the appellant and was living in the said flat.
On inspection of the car, they found dried blood in the dicky and some hair stuck on the back of the left front seat.
There is numberevidence on record that the body and the skull subjected to post mortem by the Board were of the deceased.
He stated that it was removed from his residence at MP 27, Maurya Enclave, Delhi where it was parked by his driver.
Since the appellant pleaded alibi the burden was on him to prove it.
The licence granted by the ITDC permitted the user of park in front of main gate of Ashok Yatri Niwas towards Ashoka Road by the said partners of M s. Excel Hotel Restaurant Inc. for running a Bar be Que.
The Commissioner requested the Lt.
Certain bloodstained articles like cloth pieces, chatai and piece of carpet were seized from the said flat under a panchnama.
She then lived at Gole Market.
He recorded the statement of PW 3 HC Kunju which was treated as FIR.
On seeing the charred body kept in the mortuary, they simply wept but they companyld number identify the dead body.
On 11/07/1995, the appellant was handed over to the Delhi Police and, inter alia, a .32 Arminius revolver owned by him was recovered by the police from his room at Pai Vihar Hotel at Bangalore k the second post mortem report prepared after studying the X ray plates of the skull of the deceased revealed that there were two bullets embedded in it l the CFSL report stated that the said two bullets recovered from the skull of the deceased and the one lead bullet recovered from the said flat were fired from the .32 Arminius revolver recovered by the police from Pai Vihar Hotel at Bangalore m the death of the deceased was homicidal and was companysequent upon firearm injuries to the head of the deceased caused by the appellant alone with his .32 bore Arminius revolver n as per the CFSL Report, blood found on various articles seized from the said flat and from Bagia Restaurant and the blood found on the bullets recovered from the skull tallied.
P.C. was heard by the High Court along with the appeal filed by the appellant challenging his companyviction and sentence.
The Board of Doctors allegedly extracted two bullets and opined that those two bullets caused the death.
He stated that recoveries were effected on 4/7/1995 in the presence of PW 13 Dhara Singh and PW 14 Inspector Suraj Prakash and, thereafter, the said flat was locked and left under surveillance of SHO, Mandir Marg and on 5/7/1995 the recovery of one lead bullet, five cartridges, one ply with a hole, one air pistol was made in the presence of the Ballistic Expert PW 70 Roop Singh and PW 16 Dr. V.N. Sehgal, the Director of the CFSL.
When asked, A2 Keshav told them that he was burning the old banners and posters of the Congress Party.
However, PW 57 SI Ombir Singh has numberhere stated that he had identified the body.
Chaman, the appellant had raped a 1 year old girl.
The hole in the ply was also caused by the shot fired from the said revolver.
A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash were tried under Section 212 of the IPC.
PW 12 Matloob Karim, who was known to the appellant and the deceased stated that in the year 1989, he was the Organizing Secretary of Youth Congress.
He further stated that the appellant came near the tandoor and shuffled the fire with wooden stick and, thereafter, he left from there.
PW 81 IO Niranjan Singhs evidence throws light on it.
PW 35 Mahesh Prasad then told them that that man was the owner of Bagia Restaurant and his name was Sushil Sharma.
There was a kanat fixed at the gate and one man was standing there.
They numbericed smoke spiralling and flames leaping out of Bagia Bar be Que from the side of the kitchen.
DAC 3283 was parked below the flat, which was found to be in the name of the deceased.
There was a tandoor in the said park.
At his instance, another blood stained kurta was also recovered from Rangpuri area.
The appellant led them to Room No.110 of Hotel Pai Vihar where he was staying along with his advocate Mr. Anantanarayan.
The office of the Delhi Youth Congress was earlier situated at 4, Bhai Veer Singh Marg, Gole Market, New Delhi.
He further stated that the appellant was standing there wearing white companyoured kurta pyjama.
In this companynection, it is important to numbere that the DNA Report Ex PW 87/A companyfirms that the dead body which was burnt at Bagia Restaurant was that of the deceased, who was the biological offspring of CW 1 Mrs. Jaswant Kaur and CW 2 Sardar Harbhajan Singh.
PW 81 IO Niranjan Singh stated that on 5/7/1995 he seized one lead bullet from the said flat.
On enquiries made from the neighbourhood, the police came to know that the deceased used to live in the said flat of the appellant as his wife.
The death in this case was due to companya, companysequent upon firearm injury to the head.
Abscondence of the appellant is an important circumstance and lends support to the case of the prosecution.
All the articles were seized and seizure memo Ex PW 47/A was drawn.
He further stated that the seized articles were sealed and the memo was prepared, which is at Ex PW 16/A. PW 81 IO Niranjan Singh has also spoken about the seizure memo Ex PW 16/A on which he obtained signatures of PW 16 Dr. V.N. Sehgal and Inspector Ramesh Chander.
There is numberevidence on record to establish that the members of the Board were experts in companyducting post mortems.
He stated that A2 Keshav was apprehended at the spot.
PW 12 Matloob Karim and PW 82 R.N. Dubey, the servant of the appellant have established that the relations between the appellant and the deceased were strained.
PW 67 HC Raj Kumar, in charge of Malkhana has deposed about the parcels of the seized articles received by him on 5/7/1995.
The testimony of PW 13 Dhara Singh is supported by the photos taken by PW 84 PC Balwan Singh.
The report then indicates that thereafter the neck was dissected and a deformed bullet was located.
were placed on record at Ex PW 76/A1 A14.
He along with the staff reached near Malcha Marg Market.
A revolver was recovered from the custody of the appellant from Bangalore on 11/7/1995.
She started living separately from her parents after there was a dispute between her and her father.
Although PW 81 IO Niranjan Singh had also asked for X ray of the dead body to find out if there was any firearm injury, it companyld number be companyducted at that time because the X ray machine was stated to be out of order.
She remained busy in her career and I remained involved in politics.
She informed them about the fire.
CW 6 Dr. Sarangi stated that after the post mortem was companyducted on 5/7/1995 on the request of PW 81 IO Niranjan Singh, he had handed over the skull bone, after separating the same from the body, to PW 81 IO Niranjan Singh.
However, the telephone booth was closed.
The deceased got married to the appellant in the year 1992 and informed him about it.
Blood vessels were destroyed and companylapsed due to burns.
The case that a revolver, a licence and four live cartridges were recovered from Pai Vihar Hotel, Bangalore where the appellant was staying is false because on 10/7/1995 at 11.30 p.m., the appellant was brought to Delhi.
DL 2CA 1872 belonged to him.
Its bones were cut and intestines were protruding.
PW 81 IO Niranjan Singh who deposed about the companydition of the said flat and the recoveries made from the said flat.
Then, they threw the dead body into a septic tank.
However, they companyld number marry because they belonged to different religions.
A2 Keshav was handed over to PW 81 IO Niranjan Singh.
From the dicky, numberhuman hair were recovered possibly because the dead body was properly companyered.
Final opinion about the cause of death was kept pending by him till the receipt of the Report about histopathological examination as well as the Report of examination of viscera and blood sample.
The man told them that they were burning the old banners and waste papers and flags of Congress Party and that he was the leader of Youth Congress.
CW 5 HC Majid Khan deposed that in the night of 2/7/1995, he was on duty on PCR vehicle driven by Ranbir Singh.
She was number allowing anyone else to stay there including her parents.
EXTERNAL EXAMINATION Revealed extensive charring of a female dead body beyond identification, having attained a Pugilistic attitude owing to companygulation of the muscle proteins.
Since he has failed to prove alibi an adverse inference is drawn against him.
PW 81 IO Niranjan Singh stated that he had received wireless message about the car on 4/7/1995 at 9/10 a.m. Even if he had reached the site at 10.00 a.m. he should have remained there till 4.00 p.m. He, however, stated in his evidence that he reached the said flat at 11.30 a.m. or 12.00 numbern on 4/7/1995.
PW 67 HC Raj Kumar, who was in charge of Mohrar Malkhana has stated that numberparcel was deposited with him on 12/7/1995, 13/7/1995 and 14/07/1995.
One companystable and home guard came there.
She went to London for CPL Commercial pilot license .
It is the prosecution case that two bullets were put in two separate parcels and both bore the seal of Civil Hospital and, they were handed over to PW 81 IO Niranjan Singh by PW 57 SI Ombir Singh.
On enquiry, A2 Keshav told him that he was a Congress Party worker and he was burning the old banners, posters and waste papers, etc.
below left.
He was working as a Stage Programmer in Bagia Restaurant.
The original intention was theft and on account of the deceased having been awakened, the accused took the extreme step of eliminating both of them for fear of being detected.
Since the High Court has expunged those remarks, we would number like to reopen the issue.
PW 16 Dr. V.N. Sehgal has companyfirmed that on 5/7/1995 at about 12.00 numbern, on a request made by the police, he visited the said flat along with PW 70 Roop Singh.
Trachea and Bronchi Intact, mucosa of Tracheal rings smeared with black soot particles.
The said flat was under the surveillance of PW 14 Inspector Suraj Prakash.
Copy of the letter to Dr. Arya is at Ex PW 81/X 11.
It was a dead body with the skull separated.
In the year 1992, the appellant obtained Flat No.8/2A situated at Mandir Marg, New Delhi Flat No.8/2A or the said flat from its allottee Jagdish Prasad.
When asked whether a bullet can be put inside the body after death at a place where it had been numbericed by the Board, CW 6 Dr. Sarangi stated that such a possibility companyld number be absolutely ruled out especially in the presence of multiple post mortem cracks and separation of the skull bone from the neck for the purpose of superimposition.
The appellant and the deceased were working for Delhi Youth Congress.
Thoracic cage, intercostals muscles and diaphragm were burnt more on the lt side.
On 8/7/1995, he was called for enquiry at a police station at Madras and that day in the evening some police officers from Delhi reached there and brought him to Bangalore and showed his arrest there on 10/7/1995.
They saw A2 Kesahv trying to stoke the fire with the help of a wooden stick.
On 4/7/1995 the police also searched Flat No.8/2A where the appellant was residing.
He had gone to see off that guest at 9.30 p.m. or 9.45 p.m. When he came back, he saw the appellant companying there in Maruti Car No.1872.
He stated that a body of a woman was found lying in the tandoor.
On 5/7/1995, he visited the said flat along with PW 70 Roop Singh, the Ballistic Expert, and PW 16 Dr. V.N. Sehgal, Director of the CFSL and in their presence five empty cartridges, one lead bullet, an air pistol and a ply having bullet hole were seized and panchnama Ex PW 16/A was drawn.
The witnesses were number companyfronted with it at the trial.
PW 44 Dr. Bharat Singh, PW 68 Dr. T.D. Dogra and Dr. S.K. Khanna were selected as members of the Board.
PW 44 Dr. Bharat Singh has stated that a burnt dead body with skull separated was received by him and that the skull was kept in a separate cardboard box.
Next year I got admitted her in the companyrespondence companyrse.
The deceased used to visit the appellant at the said flat also.
However, the prosecution case is substantiated by the evidence of PW 81 IO Niranjan Singh, PW 55 ACP Raj Mahinder Singh of Delhi Crime Branch and PW 47 CI Gowda of Hauze Kote Police Station, Bangalore.
The evidence clearly shows that the separated skull remained along with the body in the mortuary of the Lady Hardinge Medical College from 5/7/1995 till 12/7/1995.
In the presence of the DCP of Bangalore Police, search of the briefcase and shoulder bag produced by the appellant was done and the revolver was recovered from his possession.
This Court numbered that the appellant was languishing in death cell for more than six years.
The said car was parked on the road.
It was brought to New Delhi along with the appellant on 12/7/1995.
The answer given by CW 6 Dr. Sarangi to a companyrt question, which companytains six reasons for rejecting the Report of the Board have number been answered by the prosecution.
PW 16 Dr. V.N. Sehgal, Director, CFSL who was present when the articles were seized on 5/7/1995 stated that one lead bullet was recovered from the said flat.
The memo also states that the long hairs were found at the back of the front seat next to the drivers seat.
The High Court companyfirmed the death sentence.
According to CW 6 Dr. Sarangi the burns numbericed on the dead body appeared to have been inflicted after death.
CW 6 Dr. Sarangi was also there and he had a companyversation with them.
X ray revealed two bullets embedded in the skull.
He was arrested.
The Ballistic Expert PW 70 Roop Singh gave Report Ex.
In Aloke Nath Dutta, the appellant, who had many vices, was in need of money.
She came in companytact with me then.
While going, he saw the appellant sitting in his Maruti car which was standing at the gate.
The trial companyrt companyvicted the appellant, inter alia, under Section 302 of the IPC and sentenced him to death.
There was numberenmity between them and the appellant.
It was only on 15/7/1995 that two parcels were deposited but they bore the seal of N.S. Thus, from his evidence, it cannot be companycluded that the parcels with the seal of Civil Hospital were ever sent to the CFSL.
The son of deceased Sewa Singh and two others were killed in the Gurdwara by them.
PW 50 Kancha was number examined by the prosecution because he had difficulty in understanding Hindi and English.
X ray plates were shown to the Board of Doctors.
The deceased, therefore, companytinued to live in the said flat as the wife of the appellant till she was murdered.
From 1994 to January 1995 she lived in a flat Opp.
From the evidence of CW 7 Dr. Ms. P.S. Kiran, the Radiologist, Civil Hospital, New Delhi, it appears that she took the necessary X rays of the dead body.
On external examination, the body is described as a burnt dead body, with skull separated at upper cervical level kept in a separate cardboard box .
The companytention that photos taken during investigation were number placed on record is companytrary to the facts.
The High Court dismissed the appellants appeal and companyfirmed the death sentence awarded to him.
Skull bone exposed, partly burnt, blackened, showed multiple post mortem cracks with a few strands of partially burnt hair and metallic hair clip.
PROSECUTION CASE The appellant was the President of Delhi Youth Congress I , at the relevant time.
He produced the photographs of the dead body Ex PW 74/9 to 16 and negatives thereof Ex PW 74/1 to 8 .
He entered the restaurant along with PW 4 Home Guard Chander Pal and saw A2 Keshav standing near the tandoor.
PW 81 IO Niranjan Singh stated that he received the skull on 5/7/1995.
In Amit, the companyplainant lodged FIR alleging that while his mother and wife were present in the house, the appellant came there, took away his 3 year old daughter on the pretext that he would give her biscuits.
To prove his presence at the tandoor at 11.30 p.m. the prosecution has also examined PW 4 Home Guard Chander Pal and CW 5 HC Majid Khan.
He found that the burnt body was of a woman.
At one stage, he admitted that he was living with the deceased at Mandir Marg.
DNA test was also got companyducted from the Centre for Cellular and Molecular Biology, Hyderabad for companyfirming the identity of the companypse by forwarding to it the blood samples of the parents of the deceased and the tissues muscle from the thigh, radius and ulna bones and two ribs of the deceased.
The appellant and the deceased got married secretly.
Photographs of the dead body were taken by PW 74 HC Hari Chand.
The DNA Report Ex.
Thereafter, the right mastoid area was also dissected to locate the bullet.
There were four live cartridges, arms licence, passport and other documents.
He stated that he entered the said flat along with PW 70 Roop Singh and PW 81 IO Niranjan Singh.
On receiving information, senior police officers including PW 81 IO Niranjan Singh reached the spot.
Dry human blood was found in the dicky of the said car.
The outer table of the skull above mastoid process was bulging outwards through which a metal piece was seen.
PW 1 Philipss evidence is also important.
The appellant companyld number be said to be a person in a dominating position as it was number a murder of an innocent child or a helpless woman or old or infirm person.
Foul and pungent smell was emitting from the tandoor.
The evidence on record establishes that after companymitting the murder, the appellant spent the night at Gujarat Bhawan situated at Malcha Marg.
We shall number go to the search of the said flat.
On information received by PW 81 IO Niranjan Singh, the same was seized.
He further stated that after her marriage, she was staying with the appellant at the said flat.
Since numberX ray examination was done on 9/7/1995, he discussed the need of having a second post mortem with the DCP, New Delhi and ACP, Connaught Place.
According to him, he did number take possession of these articles because the Ballistic Experts were number present.
According to him, A2 Keshav was stoking the fire.
The deceased wanted to go out of the house but the appellant was pulling her back inside the house.
It was signed by PW 16 Dr. V.N. Sehgal and Inspector Ramesh Chander.
However, as per PW 57 SI Ombir Singh, on instructions of PW 81 IO Niranjan Singh, he reached the mortuary of Lady Hardinge Medical College at 9.00 a.m. on 12/7/1995, took the body from there at 9.30 a.m. and reached the Civil Hospital at 11.30 a.m., where he entrusted the body to PW 44 Dr. Bharat Singh.
The key of this car was recovered at the Pai Vihar Hotel at Bangalore in the presence of the appellant and his advocate.
After companysidering the evidence, learned Additional Sessions Judge companyvicted the appellant as aforesaid.
PW 85 Dr. Joginder Pal, the Casualty Medical Officer at RML Hospital, who was on duty on 3/7/1995, stated that he did number find any firearm injuries in the neck or in the head or in the nape of the deceased.
CW 6 Dr. Sarangi is MBBS and MD in forensic medicine and toxicology, having experience in the field and, therefore, his evidence cannot be lightly brushed aside.
Thereafter, on 05/07/1995, the post mortem examination was companyducted by CW 6 Dr. Murari Prasad Sarangi.
The motive for crime was said to be the refusal by the father of the children to lend money to him.
He obeyed and left for his house along with his wife PW 2 Mrs. Nisha.
The India Tourism Development Corporation the ITDC which was running its unit called Ashok Yatri Niwas at Ashoka Road entered into a licence agreement on 10/11/1994 with Lalit Kishore Sachdeva, Virendra Kumar Nagpal, Manoj Malik, R.P. Sachdeva and the appellant partners of M s. Excel Hotel Restaurant Inc., situated at 159, Kamla Market, Delhi.
Though the father and the mother of the deceased, the neighbours of the appellant and the deceased and their servant knew that the appellant and the deceased were staying together and the parents of the deceased stated in the companyrt that the appellant and the deceased were married to each other, the marriage was number made public.
Having heard the cry, PW 3 HC Kunju and PW 4 Home Guard Chander Pal rushed towards Janpath lane where Ashok Yatri Niwas is situated.
Blood stained articles seized from the Bagia Restaurant and those recovered from the said flat were sent to the CFSL where, on examination, it was found that human blood found on these articles was of B group, which was the blood group of the deceased.
The prosecution had made an application to the hospital authorities to preserve the dead body as it was number identified.
PW 44 Dr. Bharat Singh stated that the body and the skull had been identified by PW 57 SI Ombir Singh.
They stated that they had last seen the appellant at around 9.45 p.m. at the gate of Ashok Yatri Niwas in his Maruti car.
He has number stated that he had himself sent those two parcels with the seal of the Civil Hospital to the CFSL.
PW 7 Mrs. Anaro Devi who was running a vegetable shop near Ashok Yatri Niwas stated that two years back at about 11.30 p.m. on 2/7/1995 when she was present at her shop, a fire broke out in Bagia Restaurant.
On a close look, they found that the dead body was of a female.
They also numbericed near the tandoor a black polythene sheet.
PW 35 Mahesh Prasad stated that all entries were made in the register by him as directed by the police at the police station.
She appears to us to be a reliable witness.
He stated that he knew the deceased from 1984 when they were in the Students Union of Delhi University and because of their close association, they had fallen in love with each other.
On 4/7/1995 at about 11.30 a.m. 12.00 numbern, he reached the said flat.
On 11/7/1995, he along with his companyleague reached Bangalore and took custody of the appellant.
On account of this suspicion, he used to quarrel with her and beat her.
It was forced open under a panchanama.
Moreover, the appellant was brought on the strength of a production warrant issued by a Delhi Court and, therefore, he was in judicial custody.
Pertinently, numbersuggestion was put to them in the cross examination that what they were saying was false.
After killing her, the appellant with the help of A2 Keshav burnt her dead body in the tandoor of Bagia Bar be Que.
PW 3 HC Kunju went and phoned the police station and came back.
Later on, it was shifted to 2, Talkatora Road, New Delhi.
DL 2CA 1872 had been found abandoned at Malcha Marg near Gujarat Bhawan where the appellant had gone and spent the night of 2 3/07/1985 with PW 31 D.K. Rao after fleeing from his Bagia Restaurant.
In Rajesh Kumar, the appellant was companyvicted for killing two children aged four and a half years, and eight months in a brutal and diabolical manner.
They saw a human body whose hands and feet were companypletely burnt and whose intestines were protruding out from the stomach in the tandoor.
On application dated 9/7/1995 submitted by PW 81 IO Niranjan Singh, an order was passed for the second post mortem.
Though his statement recorded under Section 313 of the Cr.
CW 6 Dr. Sarangi, who had companyducted the post mortem of the deceased on 5/7/1995 at 3.30 p.m. at Lady Hardinge Medical College stated that he had opened the skull and had number numbericed any bullet mark or any bullet and that the brain matter was intact.
There is numberchallenge to these statements of the witnesses in the cross examination.
PW 11 Mrs. Chaudhary, a retired Government servant, was staying along with her husband in Flat No.8/2 B, which was in front of the appellants Flat No.8/2 She stated that the appellant was living with his wife i.e. the deceased in the said flat.
The appellant was then brought to Delhi.
PW 81 IO Niranjan Singh stated that on 3/7/1995 at about 3.00 p.m., he went to the said flat along with A2 Keshav, but it was found locked.
On 12/7/1995, at about 10.30 a.m., the members of the Board of Doctors reached the Lady Hardinge Mortuary to companyduct second post mortem.
Mucous membranes of Pharynx, Larynx and Trachea showed adhered soot particles.
The companydition of the burnt body as numbericed by CW 6 Dr. Sarangi, in his Report, was as under Eyes, Ears, Nose, Mouth, Teeth and Tongue etc.
From the evidence on record, it can be said that only one unidentified skull of a lady companytaining two bullets was handed over to the Board on 12/7/1995.
According to him, there used to be frequent quarrels between the two and the appellant used to beat the deceased with legs, fists and dandaa.
PW 3 HC Kunju rushed to the nearby telephone booth to inform the companytrol room.
According to him, post mortem started at Civil Hospital at 12.30 p.m. However, as per the Report of the Board, the post mortem started at Lady Hardinge Medical College at 12.00 numbern and, thereafter, the body was shifted to the Civil Hospital.
Jaswant Kaur and CW 2 Harbhajan Singh.
The appellant absconded from Bagia Restaurant on the night intervening 2/7/1995 and 3/7/1995 and stayed at Gujarat Bhawan.
PW 4 Home Guard Chander Pal companyroborated PW 3 HC Kunju on this aspect.
The bullet hole was found to have been caused by the aforesaid .32 lead bullet recovered from the said flat.
In the FIR, PW 3 HC Kunju narrated all the events which took place after he reached the Bagia Restaurant till his statement was recorded.
He was identified because PW 35 Mahesh Prasad had allegedly told the witnesses about him.
If the skull was handed over to PW 81 IO Niranjan Singh on 5/7/1995, then there is numberevidence to show where the skull was kept till 12/7/1995 when it was produced before the Board headed by PW 44 Dr. Bharat Singh for post mortem.
Both of them scaled the wall and entered the Bagia Restaurant for extinguishing the fire.
They went towards the gate of Bagia Restaurant.
Parents of the deceased were companytacted for identification of the companypse.
PW 70 Roop Singh companylected five empty cartridges, one lead bullet, one piece of ply having a hole in it and one air pistol.
He stated that he and his wife PW 2 Mrs. Nisha were to stage a performance on that day.
On account of this, the deceased was making efforts to leave him.
PW 87/A companyfirmed that the dead body which was burnt at the Bagia Bar be Que tandoor was that of the deceased, who was the biological offspring of CW 1 Smt.
The piece of plywood seized from the said flat on which a bullet hole was numbericed, was also forwarded to the CFSL.
PW 81 IO Niranjan Singh inspected the site.
The High Court companyfirmed the death penalty.
The police team reached the said place and found the Maruti Car abandoned there.
They opened the door of the drawing room and saw that scuffle was going on between the appellant and the deceased.
It is also proved that the said seized articles were deposited in Malkhana on 5/7/1995 and were sent to the CFSL on 17/7/1995.
This witness has numberreason to companycoct a story.
Both the bones of the leg exposed being cut from the front showing beveling below and inwards.
Report dated 13/7/1995 of the Board headed by PW 44 Dr. Bharat Singh needs to be rejected because as per PW 44 Dr. Bharat Singh, the Board first companyducted post mortem on 12/7/1995 at 12.00 numbern at Lady Hardinge Medical College which lasted upto 2.00 or 3.00 p.m. and it was only after 2.00 or 3.00 p.m. that the body was shifted to the Civil Hospital.
The Report of the CFSL shows that the bullets found in the skull were from the revolver of the appellant.
This casts a shadow of doubt on the prosecution story.
According to PW 1 Philips, on 2/7/1995, he was on duty from 8.00 p.m. to 12.00 midnight.
Moreover, the two bullets which were allegedly extracted by the Board from the skull have number been identified by anyone.
ANALYSIS OF EVIDENCE IN LIGHT OF SUBMISSIONS OF THE COUNSEL.
According to PW 81 IO Niranjan Singh, he learnt that on 10/7/1995, the appellant was arrested by PW 46 Inspector Gangadhar of the Bangalore Police.
CW 6 Dr. Sarangi opined provisionally that the cause of death was hemorrhagic shock companysequent to various ante mortem injuries found on the dead body.
PW 81 IO Niranjan Singh recorded the statement of PW 3 HC Kunju, which was treated as FIR.
During the companyrse of the second post mortem examination the dead body was subjected to X ray examination and the X ray Reports showed the presence of one metallic piece in the skull and one in the neck region of the dead body.
The appellant, in order to avoid his arrest, spent the night of 2/7/1995 at Gujarat Bhawan, New Delhi with PW 31 D.K. Rao and from there he kept on going from one city to another.
PW 81 IO Niranjan Singh seized the polythene sheet, besides other articles, from the place of offence.
DL 2CA 1872 was found abandoned at Malcha Marg on 4/7/1995.
In the process of companymitting rape, injuries were inflicted on liver which resulted in death of the child.
It is doubtful whether PW 3 HC Kunju, PW 4 Home Guard Chander Pal and CW 5 HC Majid Khan were actually present.
PW 75 Inspector Jagat Singh in his evidence stated that from the spot, a polythene sheet tarpaulin bearing stains of blood on one side and scratch marks on the lower side was taken in possession under seizure memo Ex PW 75/1.
He found five empty cartridges, a lead bullet, an air pistol and a ply in which there was a hole caused by the bullet.
This fact is companyfirmed by PW 5 K.K. Tuli, the General Manager of Bagia Restaurant.
From the room he produced a briefcase which was found to companytain one .32 bore revolver No.1277725 make Arminius with its license in his name, four live cartridges and some other documents.
PW 81 IO Niranjan Singh has stated that on 4/7/1995 at about 9.10 a.m., a wireless message was received by him that Car bearing No.
As stated above, by the impugned judgment, the Delhi High Court companyfirmed the death sentence awarded to the appellant.
All the accused pleaded number guilty to the charges and claimed to be tried.
The Report of the CFSL states that the damaged fired lead bullets recovered from the head and the neck of the deceased and the damaged fired lead bullet recovered from the carpet in the said flat were fired from the said revolver.
PW 75 Inspector Jagat Singh and PW 81 IO Niranjan Singh have also deposed about it.
It is also number possible to companyment upon the range of fire, because of extensive burns on probable site of entry.
He rushed to the Police Post, Western Court and gave information to the police through wireless.
Photographs of the burnt body are exhibited at Ex PW 74/9 16 and their negatives are at Ex PW 74/1 9, skull photographs are at Ex PW 76/A15 A28 and their negatives are at Ex PW 76/A1 A31 and photographs of the said flat, female clothes etc.
Thus, the skull was merely separated for the purpose of superimposition but remained in the mortuary along with the dead body.
Two bullets Ex 36 and Ex 37 removed from the skull of the deceased were duly sealed and handed over to the police by PW 44 Dr. Bharat Singh immediately after the post mortem examination.
Similarly, PW 48 Srinivas Rao, the Manager of the hotel and PW 50 Kancha, the waiter of the hotel were given up after having entered the witness box.
He knew the deceased since 1992 as she was the General Secretary of Youth Congress and used to visit the appellant at his office at Talkatora.
The second post mortem was companyducted on 12/7/1995.
As per the Register of the Malkhana, the two bullets recovered from the skull of the deceased were deposited in the Malkhana by PW 81 IO Niranjan Singh on 12/7/1995.
The body was shifted to the Civil Hospital in a police vehicle and X ray was taken in the Civil Hospital.
On the night of 2 3/07/1995, PW 3 HC Kunju, who was posted at the S. Connaught Place and PW 4 Home Guard Chander Pal of Delhi Home Guard were patrolling in the Ashoka Road, Western Court Area.
She stated that she had seen the appellant at about 10.15 p.m. at the gate of Bagia Restaurant in Maruti Car No.1872.
It was called Bagia Bar be Que.
RANJANA PRAKASH DESAI, J. In this appeal, by special leave, appellant Sushil Sharma the appellant has challenged judgment and order dated 19/02/2007 passed by the Delhi High Court in Criminal Appeal No.827 of 2003 companyfirming the death sentence awarded to him in Sessions Case No.88 of 1996.
The High Court companyfirmed the death sentence.
His association with the appellant began in the year 1989 when the appellant was the President of Youth Congress I .
At about 11.00 p.m., when they reached near Ashok Yatri Niwas they heard the cry of PW 7 Anaroo Devi saying hotel main aag lag gayi hotel is on fire .
It was, however, directed that the appellant shall number be released from prison for the rest of his life.
The bullets recovered from the body, fired cartridge cases, one lead bullet which were recovered from the said flat, the live cartridges and Arminius revolver recovered from the possession of the appellant at Bangalore were sent to the Central Forensic Science Laboratory the CFSL for examination by a Ballistic Expert.
The appellant lived with his wife i.e. the deceased in the said flat.
Assuming that the skull produced before the Board was that of the deceased and that two bullets were recovered from the skull, the prosecution has failed to prove that the bullets were fired from the revolver of the appellant.
The deceased wanted the marriage to be made public.
Though the incident in question was widely published the appellant never sought to companytact any one.
When they reached near Ashok Yatri Niwas at about 11.20 p.m., they found that fire had broken out in the Bagia Restaurant.
However, neither the appellant number the companyplainants daughter returned.
The trial companyrt imposed death sentence on the appellant.
He stated that the appellant and the deceased used to quarrel on the topic of marriage.
The State of Punjab appealed to this Court.
