The dead body was also subjected to a post mortem on 25th January 1995 at the Safdarjung Hospital by a Board of Doctors companysisting of Dr. Chander Kant, Dr. Arvind Thergaonkar and PW 33 Dr. A.K. Sharma who in their report Ex.
Specimen hand writings Ex.
Col S.K.Dhar at Safdarjung Enclave and returned to Vasant Kunj at 4.55 p.m. He then took the dog for a walk in the companyony.
Had Rajinder Kumar SI and the SHO of Police Station RK Puram, SHO Vasant Kunj, ACP Satinder and Parbhati Lal acted in accordance with law vis vis accused, as they act towards an ordinary citizen whose father is number a senior officer in police department perhaps the incident would number have occurred.
On the 28th January 1996, a request Ex.
On the 25th January 1996 itself, after the companypletion of the post mortem proceedings, Inspector Lalit Mohan searched the house of the deceased and picked up a greeting card Ex.
During the companyrse of the Crl.
The Sub Inspector thereafter flew to Hyderabad on 31st January 1996 and deposited the aforementioned articles in the Office of Dr. Lalji Singh, Officer on special duty at the CCMB, Hyderabad on the next morning and an acknowledgement Ex.
each had been received through Inspector Ranbir Shekhawat along with other items.
One sealed packet companytaining underwear of the accused Santosh Kumar Singh.
PW 11/A Crl.
The clothes of the deceased were also taken into possession and sealed.
That injury was fresh, having been caused 24 to 38 hours.
Helmet was besmeared with a spec of blood.
The parents were dropped off at Tis Hazari at 10.15 a.m. Head Constable Rajinder Singh, however, reached the Faculty of Law directly and saw the appellant present there.
Appeal No.87 of 2007 who had to visit the Tis Hazari Courts to attend to some civil proceedings.
Vaginal swabs vaginal slides supposed to be of the deceased.
Appeal No.87 of 2007 informed Police Station, Vasant Kunj about the incident on which SHO Inspector Surinder Sharma arrived at the site and a daily diary report rojnamcha to the above facts Ex.
A tear mark over the area of left breast region on the T shirt of the deceased suggested that the force was used for molestation.
Appeal No.87 of 2007 The Trial Court rendered its opinion on the circumstances 1 to 3 as under The accused in January, February 1995 tortured the deceased by following her upto the residence at Safdarjung Enclave at the place of Colonel SK Dhar and also by telephoning at All India Institute of Medical Sciences and at her residence.
Statements of several doctors were also recorded.
He was also sent for a medical examination and PW 23 Dr. R.K. Wadhwa of the Safdarjung Hospital examined him at 3.45 a.m. and found two injuries on his person one a swelling on the right hand dorsum lateral aspect, tenderness with crepitus and the second, scar marks old and healed multiple both lower limbs and on the chest.
Appeal No.87 of 2007 made by Mr. S.K.Bhatnagar Additional Director of the CBI to Dr.A.K.Gupta, Medical Superintendent, Dr.R.M.L. Hospital for procuring the blood samples of the appellant.
PW27/A was addressed to the Medical Superintendent, Safdarjung Hospital seeking an opinion about the injury suffered by the appellant on his hand.
each which was against the requisition.
When the accused joined investigation on the night between 23/24.1.96, the accused had an injury Crl.
The blood pressure of the accused at that time was high which showed anxiety.
The accused had more than once given an undertaking that the accused would number harass the deceased in future while admitting that the accused had been doing so earlier.
He also numbericed blood stains around the body.
The matter was taken in appeal to the High Court and the High Court has reversed the judgment of the trial companyrt, as already indicated above and awarded a death sentence.
Appeal No.87 of 2007 regarding some incident at the Khyber Petrol Pump and another undertaking was given by the appellant that he would number harass her on which she withdrew her companyplaint.
A show cause numberice was issued to the deceased and in response thereto she submitted her reply dated 1st December 1995 and during the pendency of these proceedings, the result of her LL.B. 5th Semester examination was withheld.
Appeal No.87 of 2007 December 1994.
The deceased had 19 injuries on her person besides three broken ribs.
This was followed by another companyplaint Ex.
Violence was detected on both sides of visor.
At the crucial time before murder, i.e. about 5 p.m. on 23.1.96, the accused was seen outside the door of the flat of the deceased, i.e. B 10/7098 with helmet in his hand which had a visor.
The Doctors also took Crl.
As per the prosecution, this decision was taken by the Government on the specific request of the Crl.
K.Dhar and Sub Inspector Rajinder Kumar.
The trial companyrt then went on to circumstance No.9 and evolved its own theories and after a huge discussion, rejected the DNA report given by the CCMB, Hyderabad as also the evidence of Dr. Lalji Singh and Dr. G.V. Rao.
The trial companyrt further numbericed that yet another incident had happened at about 3 p.m. on 16th August 1995 when the appellant had followed her home all the way from the University.
PW6/A. The accused submitted the apologies Exh.
There was swelling and fracture on 5th metacarpal of right hand.
PW12/A. An enquiry was entrusted to PW 12 Head Constable Vijay Kumar who went to the house of the deceased and took a report Ex.
He pleaded number guilty and claimed trial.
It appears that the appellant had been attracted to the deceased and even though he had passed out from the Law Centre in 1994, he had companytinued to visit the campus even thereafter on his Bullet Motorcycle bearing Registration Number DL 1S E/1222.
The appellant, Santosh Kumar Singh had also been a student in the same faculty and had companypleted his LL.B. in Crl.
The companyrt observed that the companytinuous stalking of the deceased by the appellant despite companyplaints to the police showed his utter disregard of the rule of law and in companyclusion held that circumstances No.1, 2 and 3 are thus held to have been proved beyond any shadow of doubt by the prosecution.
The underwear of the appellant was, however, returned by Dr. Lalji Singh as it was number relevant for the DNA finger printing test.
Appeal No.87 of 2007 appellant and he had admittedly number led any evidence to support his plea.
The High Court also reversed the finding of the trial companyrt that the vaginal swabs and slides and the blood samples of the appellant had been tampered with.
It was further numbered that after companypleting Crl.
On 23.1.96 before murder, it was found by PW2 Shri Kuppuswami, PW Personal Security Officer Rajinder Singh that the helmet of the accused had a visor.
The accused took the false plea that the accused was going to IIT on the said date.
These injuries were suggestive of force used for rape.
The trial companyrt nevertheless did number find any companyclusive evidence against the appellant with respect to circumstance No.6 observing that in view of the uncertain traffic in the National Capital Territory of Delhi the timing factor companyld number be taken as a companyclusive one.
Appeal No.87 of 2007 from the accused and then goes on to say that 20 ml.
We quote herein below from the judgment Crl.
Appeal No.87 of 2007 companysequence of the companyplaints against him, the appellant too retaliated and made a report to the University on 30th October 1995 alleging that the deceased was pursuing two companyrses simultaneously which was in violation of the University Rules and when numberaction was taken he sent two reminders dated 4th December 1995 and 20th December 1995 to the University as well.
Appeal No.87 of 2007 some very curious reasoning companycluded that some additions had been made in the document as some words were number in their proper place and sequence and appeared to have been squeezed in and that the handwriting was also number identical.
Appeal No.87 of 2007 One sealed parcel companytaining clothes supposed to be of the deceased, namely, T Shirt, brassiere, jeans and underwear.
The accused had the intention to have the deceased and to companyvert the said intention in reality and if it is number possible on account of attitude of the deceased number allow the deceased to be of anybody else.
This finding has also been reversed by the High Court by observing that though there appeared to be numberphysical evidence of rape on the body but the DNA test companyducted on the vaginal swabs and slides and the underwear of the deceased and the blood sample of the appellant, it was clear that rape had been companymitted, and that too by him.
Appeal No.87 of 2007 mother of the deceased, and several others were recorded by Inspector Lalit Mohan and the dead body was then sent to the Safdarjung Hospital.
Appeal No.87 of 2007 January 1996 in the companyrse of a road accident in which the visor of his helmet had also been broken.
Appeal No.87 of 2007 investigation, the appellant disclosed that he had received the injury on the metacarpal bone in an accident on the 14th January 1996 and had been treated at the Nirmay Diagnostic Centre and Hindu Rao Hospital.
Governor who referred the same to the Delhi Government.
These documents were deposited in the CBI Malkhana on the 9th February 1996 and 16th February 1996.
Appeal No.87 of 2007 5, 7 and 10 to 13 in favour of the prosecution, circumstance No.8 has been held in a manner which companyld fall both ways whereas circumstance No.6 has been held to be of numberconsequence.
The Head Constable pressed the call bell but eliciting numberresponse from inside, he went to another door which opened onto the companyrtyard and knocked but again to numbereffect.
The Head Constable immediately Crl.
There was numberplaster or bandage on his hand.
DSP Ohri along with the other staff took the appellant to the hospital and met PW 34 Dr. S.Kalra, Head of the Biochemistry Department and two blood samples of 10 ml.
On the day of occurrence, the accused was seen in the premises of Faculty of Law, University of Delhi in the forenoon, where the deceased had gone to attend LL.B. class.
PW6/DB, and an undertaking number to harass her any more either himself or through his friends or to spoil her reputation.
He was also brought before Inspector Lalit Mohan and he numbericed tenderness on his right hand and an injury which was number bandaged or plastered.
On the companypletion of the investigation, the appellant was charged for offences Crl.
PW6/DB.
It appears that as a Crl.
On 25.1.96, the helmet Ex.
PW 29/B said to be written by the appellant from her room.
Consequently, on the face of an injury, on 5th me tacarpal on the date of crime of murder, with swelling and tenderness, the companyrt is of the view that the injury possibly is fresh but on account of lack of fair play on the part of the CBI, it cannot say that the defence of the accused is number plausible.
A message was accordingly flashed from a PCR and received at Police Station, Vasant Kunj, and was recorded in the Daily Entry Register as Ex.
The subordinate staff of Delhi Police attempted to assist the accused during investigation and during trial.
The underwear of the appellant was also seized by the CBI as he represented that he had been wearing the same underwear for the last companyple of days.
The companyrt then went on to say that the accused too has number assisted the companyrt in discharging the onus which was upon him to justify the defence taken by him in the matter of alleged injury.
each were taken by Ms. Godavari Mangai, Lab Assistant and were handed over to Dr. Kalra.
Appeal No.87 of 2007 Nail scrapings and hair samples of the appellant were also taken and handed over to Sub Inspector Shamsher Singh and after the X ray, a fracture of the 5th metacarpal bone of the right hand was detected and as per Dr. Wadhwas opinion the injury was grievous in nature and caused by a blunt weapon.
Appeal No.87 of 2007 police including Rajendra Kumar Sub Inspector deposed falsely with respect to role assigned as an agent of law in the matter of companyplaints in writing preferred by the deceased.
Inspector Lalit Mohan thereupon produced the appellant before PW 50 DSP Shri A.K.Ohri of the CBI and the subsequent investigation was made by the DSP with the assistance of several other officers from the CBI.
On 25.2.95 the accused followed the deceased and tried to stop the car of the deceased by shouting at her which was the cause of lodging the report Exh.
Inspector Terial of the CBI accordingly companylected certain documents from the Nirmay Diagnostic Centre and the Bara Hindurao Hospital where the appellant had allegedly been treated for the injuries suffered by him.
The companyrt also examined the document PW 34/B, which is the memo relating to the taking of the blood samples, and by Crl.
As there was numbereye witness to the incident, the prosecution placed reliance only on circumstantial and documentary evidence.
His statement was recorded as CW 1.
The Inspector also seized a helmet with the visor missing and indicating that it had broken and the Bullet motorcycle belonging to the appellant.
PW6/B and Exh.
S.K. Dhar, PW 1 Mr. C.L. Mattoo, the companyplainant, and PW 44 Mrs. Rageshwari Mattoo, the Crl.
PW33/B found 19 injuries on the dead body and also observed that the private parts showed black, curly number matted pubic hair, the hymen intact with numbertearing present and admitting only one finger.
The accused also gave false replies against proved facts.
Appeal No.87 of 2007 The accused had been companytinuously harassing the deceased right from the end of 1994 to January 1996, a few days before her death.
Lalit Mohan Inspector was instrumental in creating false evidence and false defence of the accused.
The accused took a false defence that fracture on the hand of the accused was sustained by the accused on 14.1.96 and it was number a fresh injury.
The accused preferred petition against the deceased to the University against her appearing in both examinations of M.Com and LLB in order to pressurize the deceased to Crl.
Appeal No.87 of 2007 on his right hand.
The subordinate staff of Delhi Police has number discharged the agency of law in accordance with basic principles of fair play in action.
Appeal No.87 of 2007 The High Court also supplemented these findings by pointing out that as the appellant was numberlonger a student of the Law Faculty of the University of Delhi he had a duty to explain as to why he had visited the University on the 23rd January 1996.
Appeal No.87 of 2007 their work in the Tis Hazari Courts he and his wife had visited Safdarjung Enclave and from there he had gone on to attend an official meeting at Vikas Kuteer, ITO whereas his wife had visited the All India Institute of Medical Sciences and it was on returning to his residence at 7.30 p.m. that he found that his daughter had been murdered.
The High Court, accordingly, held that the finding of the trial companyrt was perverse on this aspect.
As the door was slightly ajar the two entered the bedroom of the deceased and found her dead body lying under the double bed.
It appears, however, that the police was under some influence and instead of pursuing the companyplaint to its logical end, several police officers, including the SHO, ACP Parbhati Lal and ACP Satender Nath persuaded the deceased to companypromise the matter on which the deceased was companypelled to state that the companyplaint be kept pending for the time being.
The accused went to the house of the deceased at B 10, Vasant Kunj, New Delhi and banged the door of the house of the accused when the deceased was alone at home.
Appeal No.87 of 2007 of his handwriting Exs.
Appeal No.87 of 2007 January 1996 riding his motorcycle wearing a helmet with an intact visor and that on the same day in the afternoon he had been seen by PW2 Sh.
In the companyrse of his evidence PW DSP Ohri gave the above facts and further clarified that the appellants father had produced an X ray film before him on the 20th February 1996 and that he had also issued a numberice to him to produce the treatment record of the appellant within two days.
An opinion was rendered by PW 28 Dr. Mukul Sinha and PW 27 Dr. K.Choubey on the 22nd February 1996 that the injury seemed to be fresh as there was numberevidence of any callus formation.
The trial companyrt has, accordingly, rejected the evidence of Dr. N.S.Kalra, Dr. Lalji Singh and Dr. G.V.Rao as to why and how the quantity of the blood may have been reduced.
It appears that as the murder had taken place in very sordid circumstances and the fact that the appellant was the son of very senior police officer serving in the State of Jammu Kashmir and was on the verge of a posting as Additional Commissioner of Police, Delhi, led to a hue and cry which was endorsed by the parents of the deceased as they apprehended that they would number get a fair deal from the Delhi Police.
The facts proved and the acts of the accused lead to inference that the accused had the motive to have the deceased at all event and failing to number to allow her to be of anybody else.
Head Constable Rajinder Singh PW reached the residence of the deceased at about 5.30 p.m., as directed, along with Constable Dev Kumar.
The High Court has, however, held all 13 circumstances as having been proved in favour of the prosecution.
The trial companyrt, accordingly, on the basis of findings recorded particularly circumstance No.9, held that the case against the appellant companyld number be proved and acquitted him.
In her statement, Mrs. Rageshwari Mattoo raised the suspicion that the appellant was the culprit and he was joined in the investigation during the night intervening 23rd and 24th January 1996.
The witness of Crl.
Appeal No.87 of 2007 succumb to the ulterior design and motive of the accused.
The statements of PW 6 Lt.
On the next day, he recorded the statement of Virender Parshad, the domestic servant and also directed Shri D.P.Singh, DSP to companyduct the house search of the appellant.
The DSP then went to the house of Shri Kuppuswami but he was away.
The motive of the accused was to have the deceased or to break her.
of blood said to be that of the appellant Santosh Kumar Singh in four sterile vials companytaining about 3 ml.
Appeal No.87 of 2007 putting those texts to the expert and taking his opinion thereon.
In this report the deceased wrote about the earlier incidents of harassment and also the apologies that had been Crl.
The deceased thereupon made several companyplaints against the appellant in different Police Stations during the year 1995 on which he was summoned to the Police Station and was advised to behave properly and a Personal Security Officer, Head Constable Rajinder Singh PW 32, was also deputed for the security of the deceased.
On 30th January 1996 Shri M.L.Sharma, Joint Director, CBI addressed a letter to the Director, Crl.
Inspector Terial was thereupon sent to the Centre to companylect his medical records.
Appeal No.87 of 2007 two vaginal swabs and slides were duly sealed, the swabs and slides in a glass bottle as well as samples of the blood and hair.
A case under section 302 of the IPC was thereafter registered at Police Station, Vasant Kunj, on the companyplaint of the father of the deceased, in which the days happenings were spelt out.
The specimens Crl.
The companyrt further opined that when the helmet had been seized on the 25th January 1996 it was seen to be in a badly damaged companydition and that the broken pieces of the visor which had been recovered from the site of the crime besmeared with the blood of deceased companyclusively proved that the visor had been broken during the companymission of the murder as it had been used to bludgeon the deceased into submission.
On 20th February 1996 a letter Ex.
PW34/A was Crl.
On the 1st February, 1996 DSP Ohri re visited the house of the deceased and recorded the statement of Mrs. Rageshwari Mattoo and Hemant Mattoo, the brother of the deceased who told the investigating officer that the appellant had been numbericed by PW 2 Shri Kuppuswami standing near their house shortly before the time of the murder.
The Doctor also advised an X ray of the right hand.
They were duly companylected on the 9th February 1996 and 16th February 1996 and deposited in the malkhana of the CBI.
He, however, recorded his statement on the 4th February 1996.
PW49/A relating to the following articles was obtained Crl.
During the companyrse of the inquest proceedings initiated by Inspector Lalit Mohan the crime scene was photographed and some hair found on the dead body, broken pieces of glass and blood stains near the dead body were recovered.
P.3 of the accused which was taken into possession had broken visor.
The appellant was thereafter allowed to go home and was directed to visit the Police Station at 9 a.m. on the 25th January 1996.
One sealed jar companytaining vaginal swabs vaginal slides of the deceased and The blood samples of the appellant taken in the Dr.R.M.L.Hospital.
One thermocole box companytaining 4 vials marked as S 1,S 2,S 3 and S 4 supposed to be blood of the accused.
The companyrt, accordingly, held that these circumstances showed that the appellant had been seen around the house of the deceased at 4.50 pm.
The accused even mentally tortured the deceased in December, 1995.
PW 18/A was also recorded at 5.45 p.m. Inspector Lalit Mohan, Additional SHO, Vasant Kunj was entrusted with the investigation on which he along with Sub Inspector Sushil Kumar, Sub Inspector Padam Singh, Head Constable Satish Chand and several other police officers too reached the residence of the deceased and found her dead body lying under the double bed with the companyd of the electric heat companyvector tied around her neck.
These samples as well as the other case property companylected by DSP Ohri or entrusted to him by Inspector Lalit Mohan were deposited with the Moharrir Malkhana on the 29th January 1996 and preparations were made to refer the matter for a DNA test.
The influence of the father of the accused resulting in deliberate spoiling of the case.
PW1/A dictated by her to her father and the appellant was thereafter arrested and taken to the police station along with his motorcycle.
Kuppuswami at the gate of the house of the deceased carrying a helmet with a visor.
Appeal No.87 of 2007 tendered by the appellant from time to time.
In the companyrse of a rather verbose judgment, the trial companyrt numbered that there were 13 circumstances against the appellant.
of blood had disappeared and in the absence of a proper explanation, the possibility that the said samples had been tampered with, companyld number be ruled out.
At the spot pieces of visor were found near the body of the deceased besmeared with her blood.
Appeal No.87 of 2007 appellant came to the residence of the deceased at about 4.50 p.m. carrying his helmet in his hand and was seen by PW 2 Kuppuswami.
The state has established the motive.
The electric companyd of the heat companyvector which had been used for the strangulation was also taken into possession.
The deceased attended the class from 11.15 a.m. to numbern and thereafter accompanied by the Head Constable left the faculty for Tis Hazari but finding that her parents had already left the companyrt, she returned to her residence at about 1.45 p.m. and directed Head Constable Rajinder Singh to report again at 5.30 p.m. The deceased then had her lunch whereafter Virender Prasad, the domestic help, left the house at about 2.30 p.m. to meet his friend Vishnu Prasad Bishamber at the residence of PW 6 Lt.
This finding too has been reversed by the High Court in appeal on the plea that the onus to prove his defence lay on the Crl.
After 51 witnesses had been examined by the prosecution and final arguments were being heard, the trial companyrt decided that it would be in the interest of justice to call Dr. G.V.Rao of the CCMB as a companyrt witness as he, in companysultation with PW 48 Dr. Lalji Singh, had companyducted the DNA test.
On 23rd January 1996 PW Head Constable Rajinder Singh, the PSO, did number turn up at the residence of the deceased at the stipulated time on which she left for the University in her car along with her parents PW 1 Mr. C.L. Mattoo and PW 44 Mrs. Rageshwari Mattoo Crl.
The accused also took a false stand that there was numberfriendship between the accused and the deceased.
blood had been found in the vials which raised serious questions and the prosecution was thus called upon to explain as to how 8 ml.
On the day of occurrence after murder, the accused had reached late to attend class at Indian Law Institute, Bhagwan Dass Road, where the accused was a student too.
These apologies also dated 25th of February 1995 were witnessed by PW Lt.
Appeal No.87 of 2007 punishable under Sections 376/302 of the IPC.
Faced with this situation, the Delhi Government itself requested the Central Bureau of Investigation vide letter dated January 24, 1996 that the investigation be taken over by that agency.
PW48/E1, E2 and E3 were also taken by the Inspector.
PW 3 Jaideep Singh Ahluwalia, Security Supervisor in the companyony also saw the appellant at 5.30 p.m. near the residence of the deceased, PW 43 and O.P.Singh, Advocate also numbericed the appellant riding out of the park area of B 10, Vasant Kunj at the same time.
The Board also opined that the death was a result of strangulation by ligature and that the injuries on the dead body were sufficient to cause death in the ordinary companyrse of nature.
PW24/A1 to A21 of the appellant were also obtained once again this time by the CBI.
While the accused was numbermore a student of Faculty of Law at that time.
On 6.11.95, the accused tortured the deceased in the Campus Center of Law which resulted in lodging of FIR at police station, Maurice Nagar, Delhi.
Immediately after the murder, the mother of the deceased had raised suspicion that the accused had a hand in the murder of her daughter.
HARJIT SINGH BEDI,J. This appeal arises out of the following facts The deceased, Priyadarshini Mattoo, was residing with her parents at B 10/7098, Vasant Kunj, New Delhi and was a student of the LL.B. companyrse at the University of Delhi Campus Law Centre, and had at the relevant time companypleted the 5th Semester and was in the final 6th Semester.
The companyrt then examined circumstances Nos.4, 5 and 10 cumulatively and held that the appellant had indeed been seen in the University Campus Law Centre on the 23rd Crl.
Several articles were accordingly entrusted to PW 39 Sub Inspector R.S.Shekhawat on 31st January 1996, they being One sealed parcel companytaining clothes of the deceased such as T shirt, brassiere, jeans and underwear.
As per the prosecution story, the appellant harassed and intimidated the deceased and despite her requests and then her remonstrations, did number desist from doing so.
Appeal No.87 of 2007 Commissioner of Delhi Police to the Lt.
The Crl.
Appeal No.87 of 2007 CCMB, Hyderabad requesting for DNA profiling.
blood was taken but it had been divided into four vials of 5 ml.
DSP Ohri also visited the crime scene on the 26th January 1996 but did number find Mr. C.L.Mattoo, the father of the deceased, present.
