HARDEV PRASAD ALIAS PAJARI Vs. STATE
LAWS(DLH)-2009-8-107
HIGH COURT OF DELHI
Decided on August 21,2009

HARDEV PRASAD ALIAS PAJARI Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)THE incident relates to the murder of Ram Kesar who died at 10. 30 pm on 20. 9. 1997. The cause of his death is cyanide poisoning. On the said day i. e. on 20. 9. 1997, at about 8. 00 PM, the accused Hardev Prasad invited the deceased Ram Kesar, his landlord, and joined by Shubhan Ali PW-5, he had drinks with the deceased at the first floor of Jhuggi No. B-563, Jawahar camp Kirti Nagar. The deceased used to reside on the ground floor and the accused used to reside on the first floor. Shubhan Ali also used to live with the accused. After consuming liquor, at the first floor, Ram Kesar came down; froth started coming out from his mouth which was noted by his wife kewla Devi PW-13. She immediately called her neighbours who advised her to pour water on her husband to wear away the effect of alcohol, if any. Condition of Ram Kesar did not improve. Kewla Devi with the help of her neighbour Om Prakash PW-4, removed Ram Kesar to the ESI Hospital, where as per MLC Ex. PW-6/a, he was declared brought dead.
(2.)THE information of the death of the deceased was recorded in DD No. 23a by Const. Hari Om PW-18 which had been conveyed to the local police station Kirti Nagar by Const. Kalu Ram PW-9 who was working as a duty constable in ESI Hospital Basai Darapur. The DD was marked to SI Ran singh PW-22, who along with Const. Chitarmal PW-19 reached Jawahar camp Jhuggi cluster and finding that everybody was at the ESI Hospital, proceeded to the said hospital where they met Kewla Devi whose statement ex. PW-13/a was recorded. Endorsement was made on this statement and the ruqqa was sent at 3. 55 AM on 21. 9. 1997 pursuant to which FIR ex. PW-2/a was recorded by H. C. Ashok Kumar PW-2.
(3.)RETURNING to the jhugg, two steel glasses and a pouch containing liquor were seized as recorded in the memo Ex. PW-19/a from the first floor jhuggi of the accused. A photographer, Ram Bilas Pandey PW-16, took three photographs of the scene of crime Ex. PW-16/a to Ex. PW-16/c. The rough site plan Ex. PW-22/a was prepared by SI Ran Singh and thereafter the site plan to scale Ex. PW-8/a was prepared by Const. Sonu Kaushik PW-8.


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