SANTOSH @ BHURE Vs. STATE
LAWS(DLH)-2009-3-253
HIGH COURT OF DELHI
Decided on March 05,2009

Santosh @ Bhure Appellant
VERSUS
STATE Respondents

JUDGEMENT

Pradeep Nandrajog, J. - (1.) ON 12.9.2000 at around 10:39 AM a call was received from one Ramesh Chand at PCR Control Room informing that a tenant has been murdered at House No. D - 156 J.J. Colony, Khayala. The message was noted and the information was flashed on the district net.
(2.) AT 10:46 AM the information was received at Police Station Tilak Nagar by the wireless operator Mange Ram PW - 21. Lady HC Kusum PW -12, recorded DD No. 6A, Ex.PW -12/A. DD No. 6A was handed over to SI Rajesh Kumar PW -15, who proceeded to the spot along with HC Ranvir PW -8, Ct. Satpal PW -5 and Ct. David. They found a dead body on a folding bed with injuries on the stomach and chest. A piece of cloth was tied around the neck of the dead body. The body was lying on a bed with three bed sheets and one shawl; blood was spread on the floor under the bed. A stool was lying in a corner of the room. A steel plate, having some salad; a glass; a steel bowl with some salted snacks and a quarter bottle of whisky with 1/4th portion of liquor in it was seen. The dead body was seized and personal search yielded a letter Ex.PW -15/F from the left pocket of the trouser of the deceased which was seized vide seizure memo Ex.PW -3/J. Si J.L. Meena PW -28 the additional SHO of the police station who received the information also reached the spot and met Ramesh Chand PW -3, the owner of House No. D -156, J.J. Colony, Khayala. He recorded his statement Ex.PW -3/A as per which he informed that on the recommendation of Raj Kumar PW -4, his tenant on the first floor of the house, he had inducted accused Santosh @ Bhoora as a tenant on the second floor of the premises four months prior to the date of the incident. That on 11.09.2000 at about 12 noon, accused Santosh @ Bhoora came to his shop to purchase some snacks and cigarette. That accused Bhoora informed him that a guest had come to his house and they were having snacks and drinks together. That thereafter at about 4.00 p.m., he saw accused Bhoora leave his house in a nervous condition carrying a bundle (gathri) in his hands. That today i.e. 12.09.2000 at about 10:30 a.m. the elder son of Raj Kumar informed him at his shop that a dead body from which foul smell was emanating was lying in Bhoora's room. That he informed the Police. Si J.L. Meena made an endorsement Ex.PW -28/A on the statement Ex.PW -3/A and sent Ct. David to the police station for registration of the FIR. Lady HC Kusum recorded the FIR Ex.PW -12/B on receipt of the rukka.
(3.) A photographer Rahul PW -17 was summoned who took photographs Ex.PW -17/A1 to Ex.PW -17/A4 of the place of occurrence. The dead body was seized and sent to the mortuary at DDU Hospital.;


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