Crl.A.No.616/2005 Page 1 of 9

R-61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL A 616/2005

CHAMAN LAL & ANR.

..... Appellants

Through: Mr.Anish Dhingra, Advocate

versus

STATE

..... Respondent

Through: Mr.M.N.Dudeja, Advocate

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON’BLE MR. JUSTICE SURESH KAIT

1.Whether the Reporters of local papers may be

allowed to see the judgment?

2.To be referred to the Reporter or not?

Yes

3.Whether the judgment should be reported in the

Digest?

Yes

PRADEEP NANDRAJOG, J. (Oral)

1.

At around 10:00 PM on 2.12.1994 information was

received at PS Nabi Karim which was recorded vide DD No.27-

A that Devki wife of Chaman Lal has not been seen throughout

the day and in all probability she has been murdered. SI

Surender PW-18 reached House No.6014, Gali Sat Narayan

Mandir, Nabi Karim and found the body of Devki bundled inside

a sack. It was apparent that Devki had died an unnatural

death. He made an endorsement Ex.PW-9/A beneath copy of

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Crl.A.No.616/2005 Page 2 of 9

DD No.27-A and sent Const.Hari Ram for FIR to be registered.

He summoned Const.Babu Ram a photographer and took

photographs Ex.PW-13/12 to Ex.PW-13/19. SI Surender Singh

prepared the rough site plan Ex.PW-19/A showing the spots

wherefrom he had made the recoveries and filling up the form

Ex.PW-15/B for inquest proceedings sent the body for post-

mortem and recorded the seizure of the rope Ex.P-2 and the

gunny bag Ex.P-1 from the spot in the memo Ex.PW-17/A.

Another piece of rope Ex.P-3 and two pieces of sarees Ex.P-4

and Ex.P-5 were also taken into possession as entered in the

seizure memo Ex.PW-17/C. He also signed and sent the

application Ex.PW-18/A for body to be preserved, probably for

a proper identification of a body.

2.

Appellant Chaman Lal, the husband of Devki was

found missing. In fact, as deposed to by SI Surender Singh

when he reached the house not a single male member of the

house was present. Female members including co-appellant

Munni Devi, the widowed sister-in-law of Chaman Lal, was

present in the house.

3.

During course of investigation Joginder Singh PW-5

informed the investigating officer that on 2.12.1994 at about

9:00 PM in the night Sita Ram and Ramu, the father of Chaman

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Lal and the brother of Chaman Lal had come to his house and

informed that the wife of Chaman had committed suicide by

hanging herself. He advised them to go to the police that after

about half an hour even Chaman Lal came to his house and

disclosed that his wife had committed suicide by hanging and

he told Chaman Lal to report the matter to the police.

4.

On 5.12.1994 Dr.Dasari Harish PW-21 conducted

post mortem on the body of the deceased. He noted signs of

putrification and maggots in the body. He noted strangulation

marks on the neck which due to the body being putrified had

lost distinctive characteristics. Internal examination showed

that the hyoid bone had no fracture. The thyroid cartilage had

a fracture due to inward compression. He opined that cause of

death was asphyxia as a result of strangulation.

5.

Apart from aforenoted injuries around the neck he

noted some other injuries being the result of application of

blunt force.

6.

Deposing in Court Dr.Dasari Harish stated that from

the fact that the hyoid bone was unaffected and the thyroid

cartilage was fractured, unless suicide was the result of slip

not hanging, it was a case of homicide.

7.

The likely time of death opined by him was 3 to 4

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