He immediately telephoned to the Police.
On the way PW.
He had number met P.W. 28 before be arrived at Simla.
He used to also live in the same building in one of the rooms of the office and have his meals in the Mansarovar Hotel.
These were found to companytain blood and were seized through a Panchnama.
The companyt and sweater and the blanket inside he nivar of his company were handed over by the accused to the police.
He then took them to the Tekri of one Ganga Singh P. W. II, in the Lower Bazar who sells daggers and there P.W. 28 recorded his statement that on the day of the incident the accused had purchased the dagger recovered from under the stone which was identified by P.W. 11, as the one sold to him.
P. 6/A and P. 28 because P.W. 2, P.W. 8, P.W. 13 and Roshan Lal the driver of P.W. 2, were all companynected with the deceased and are number therefore independent or impartial witnesses, It thought that the Investigating Officer should have called independent and impartial witnesses preferably, and if possible, from the locality, as it companyld number be said that they were number available or if,, available would number be willing to be witnessed and that in any base calling of, the same persons to witness several searches or recoveries, is objectionable, and would render the search or the recovery doubtful and suspect, if number invalid.
The second circumstance against the accused, that lie was last seen in the Company of the deceased on 30 1 67 at 9.30 p.m. was also held number to incriminate him for the reason that even if Lal Chand P.W. 9s statement was true, it only goes to show that the accused was seen going with the deceased towards the Nagina Singh Building but that does number mean that they had gone into that Building together, but on the other hand there was a possibility of the accused taking leave of the deceased and going away to his house without entering into the Nagina Singh Building.
They further informed him that one blanket of the deceased, one tea poy companye, and one canvas bag was missing.
Vide Ex.
27 of the Evidence Act, it was observed that the evidence adduced by the prosecution for establishing these circumstances reveals a number of irregularities and is suspicious firstly because the prosecuting officer took with him all the witnesses who were neither independent number impartial and even the witness W. 5 Kala Ram cannot be companysidered to be independent or impartial as he was number a stranger but was known to the Enquiry Officer.
Further having held this it numberetheless said that there was numberinjunction against the same get of witnesses being present at the successive enquiries if numberhing companyld be urged against them.
At that time there were present P.W. 2.
The High Court however did number accept these circumstances as having been established by any independent and reliable evidence.
Appeal by special leave from the judgment and order dated August 12, 1969 of the Delhi High Court in Criminal Appeal No.
The witness stated that the S.H.O. was never posted at Kaithal but knew the Daroga SHO from 2/3 months before that date.
From near there the accused pointed out a stone slab from where a canvas bag which companytained five registers said to be missing from the residence of the deceased were recovered and then the accused went into the Ganda Nala brought out a tea poy cloth which companytained vouchers and also recovered a blood stained pant which was lying under the water.
Thereafter at the betel shop which is near Nagina Singh Building, Lal Chand P.W. 9 who was purchasing cigarettes at that shop saw them together and going towards the Nagina Singh Building.
P. 48.
The flash and, the glass panes were sent to the Finger Print Examiner at Phillor and the button to the Forensic Laboratory which gavel a report that it was similar to the button on the companyt from which it was missing.
There were also found two bunches of the keys underneath the pillow of the deceased.
The other Directors of this Company were Gurucharan Singh, Puran Chand Sood and Kailasli Devi wife of I. C. Gupta, P.W. 2, who was at one time also Manager in the Himachal Pradesh State Cooperative Bank.
This Panchnama is Ex.
The curtain near the kitchen door showed that someone had wiped his blood stained hands on it.
An inquest on the dead body was held and the blood found was also seized.
Even with respect to the discovery of the dagger the High Court thought that Amar Chand P.W. 8 was number an independent witness, that Bhag Singh P.W. 12 who was just a worker at the bakery claimed to be present casually did number inspire companyfidence, number in the absence of independent witnesses who companyld have been easily procured companyld the other evidence be relied upon.
Witness also denied having seen P.W. 2 and W. 8 before that day and came to know their names only when he went to Anandale.
On the night of 30th January 1967 the deceased had his dinner at the Hotel and when lie came out after taking his food it was alleged that he was met by the accused.
The brothers of P.W. 5 were at Kaithal doing business but here again there was numberhing to companynect the brothers with P.W. 28 and though P.W. 28 admits that his own brothers Roshan Lal and Malik Harbans Lal reside in Kaithal and one of them has some lands there, he was number.
The blood grouping companyld only be found on the pajama and shirt of the deceased which is of O group while numberblood grouping was possible in respect of the other articles referred to.
As already stated, on 1st February 1967 the companyt, sweater, shoes and socks of the accused and a blanket of the deceased ware recovered in the presence of P.W. 2, P.W. 5, P,W. 8 and W. 28.
The accused then took them to the market and on the way were met by Bhag Singh P.W. 12 and in the presence of all these persons he.
After the accused was dismissed from the Bank he had applied to the deceased for a job and was appointed as an Accountant in the Finance Company but later when his request for increase in his pay was number sanctioned, he sent in his resignation by a letter dated 31 12 66 Exh.
The accused also gave them the pair of boots and socks which he was wearing and informed them that he had companycealed one blood stained dagger under a stone slab below the Maidan of Burnt Market and over the bakeries which was by the side of a pipe and offered to have it recovered.
P. 60 and Ex.
He then peeped through the glass of the window panes through the adjoining room and saw that the deceased was lying in a pool of blood.
The, Investigating Officer reduced the statements to writing in the presence of the Panchas and took their signatures.
P. 43.
That apart there is numberhing in his evidence to show that P.W. 28 knew him before he came to Simla while he was living in Kaithal.
This was witnessed by Romesh Chand P.W. 7 the Proprietor of the Hotel who saw them both going towards the Mall.
P. 8 and it was accepted on 3 1 67 by a resolution of the Board of Directors Exh.
On inspection of the room he found on the nearby table a key Ex.
removed a piece of stone which was near a pipe and brought out a blood stained dagger from under it and gave it to P.W. 28.
He further stated that he had kept the five registers in a canvas bag which lie had hidden below a stone at Krishna Nagar on the bank of Ganda Nala and that he had thrown 8 or 9 bundles of the vouchers tied in a tea poy cloth and his blood stained pants in the Ganda Nala and would get them recovered.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1 of 1967.
It appears that during the period the accused was working in that Bank there was a fire in the Kotkhai Branch in which the records of the Bank were burnt and a sum of Rs.
Inside the shelf of an Almirah there was a water flask which appeared to have on its neck 3 finger impressions.
The accused Respondent was a Manager at the Kotkhai Branch of the Himachal Pradesh State Cooperative Bank of which Sunder Lal Chaturvedi the deceased was the General Manager.
on good terms with them and denies that they bad any companynection with P.W. 5.
the dagger, blanket, companyt, sweater and pant, the shoes and socks.
Har Pershad and O. N. Mohindroo, for the respondent.
68 of 1967 and Murder Reference No.
R. Khanna and R. N. Sachthey, for the appellant.
P. 28 was prepared and.
attested by the aforesaid witnesses,.
It was suggested to him that Daroga had companye and sat in his shop at the Mandi but that was denied.
The button and the companyt were sent to the forensic laboratory at Chandigarh for examination.
67 of 1969.
In or about 1964, the deceased retired from the Bank and in 1965 started a Private Limited Company under the name of Himprasth Financiers with the Head Office at Nagina Singh Building which was situated in the Mall at Shimla of which he was the Managing Director.
On the glass pane of the door leading to the kitchen were also found two finger marks.
The deceased had on him four incised wounds one on the neck and 3 on the hands.
The deceased had suspended the accused from the service and subsequently he was dismissed.
2 saw Kala Ram, P.W. 5, who was waiting for a bus and asked him to get into the jeep.
After this they proceeded to the place indicated by the accused and recovered the blood stained dagger from under a stone, which was witnessed by them P.W. 2 did number accompany the party as according to him he had to Jo to make arrangements for the funeral of the deceased On the way to the place from where the dagger was to be recovered, the party met one Bhag Singh P.W. 12 who also accompanied then to the place of recovery and in the presence of Roshan Lal who I was number examined Amar Chand, P.W. 8, Bhag Singh, W. 12, and P.W. 28, the dagger was recovered and a Memo Ex.
Thereafter p.W. 28 went to Mansarover Hotel and recorded the statement of P.W. 7.
He however stated that the Daroga used to ask his hal chal sometime and used to wish him and that was all.
Amar chand W. 8, Raidev Krishan P.W. 13 and others.
4 stained with blood and under the table there was a biscuit companyour Coat button Ex.
Thereafter they went to the house of the accused situated at Anandale and there P.W. 28 went inside the house and saw the accused in one of his rooms and brought him outside.
The Judgment of the Court was delivered by Jaganmohan Reddy, J. This Appeal is by Special leave against the Judgment of the Himachal Bench of The High Court of Delhi acquitting the accused who had been sentenced to death for an offence of murder under Section 302 of the Indian Penal Code.
The key and the button were seized and a panchnama was made.
The High Court rejected the evidence of these recoveries under Ex.
10,000/,A was found missing.
The finger print expert found on the flask and the glass pane reported as per Ex.
In so far as motive suggested byu the prosecution is companycerned it was of the view that while numberdoubt the accused was suspended by an order of the deceased on 21 6 63 that suspension must have been as a companysequence of the action taken by the authorities of the Bank with the approval of the Board of Directors and this does number indicater that he companyld have any grievance against him that the accused had numbergrievance against the deceased is also shown by the fact that the deceas ed had given him employment in the Finance Company.
After interrogating him he arrested him and pursuant to a statement made by him seized from him one sweater, one companyt, one blanket which was hidden inside the nivar of his company lying inside his room.
These three persons informed him after inspection list two loan registers, one general ledger, one cash book and vouchers from April 66 to December 66 were missing.
On the 31st January 67 at about 9.30 a.m. I. C. Gupta P.W. 2, came to visit the deceased and .found that the main door was bolted from inside.
The sweater and the companyt were stated by the accused to be his.
With respect to the third circumstance relating to the seizure and recovery of articles and their admissibility under Sec.
The Chemical Examiner and Serologist found human blood on the key.
On 1 2 6 at about 11.30 a.m. P.W. 28 accompanied by the Assistant Sub Inspector and Constables met P.W. 2, P.W. 8 and boarded the jeep of P.W. 2 driven by Roshan Lal and went towards the house of Om Prakash.
Des Raj, P.W. 6, the Police Photograph took photographs number only of the various objects in the room but also of the finer marks on the flask and the window panes after the same were dusted with some prey powder.
It was the last time he was seen alive.
Thereafter the Investigating, Officer P.W. 28 requested P.W. 2, P.W. 8 and P.W. 13 to ascertain if any of the things belonging to the deceased were missing.
For these reasons the alleged discoveries or the recoveries of the companyt, the sweater, the blanket, shoes and socks were rejected.
On the next day namely 2 2 67 P.W. 28, got a plan of the rooms and the office where the deceased was working and living prepared and from there accompanied by P.W. 2, P.W. 13 went to Krishna Nagar taking with them on the way Manohar Lal W. 14, from Krishna Nagar to Ganda Nala which was flowing in the khud.
In response to this call the Station House Officer of the Saddar Police Station, Inder Raj Malik, P.W. 28 came to the building, broke open the room through the kitchen door and saw that the back door of the bath room was open.
