Date of Judgement: 29th October 1996
Bench: Justice M.K. Mukherjee, Justice S.P. Kurdukar
Relevant Acts/Sections:
- Section 120B IPC (Punishment of criminal conspiracy)
- Section 302 IPC (Punishment for Murder)
- Section 201 IPC (Causing disappearance of evidence of offence)
- Section 313 Cr.P.C. (Power to examine the accused)
Branch: Forensic Physics
Backstory
On 09th March 1982, deceased Rama’s father Shri S.S. Kela came to fetch her for the Holi festival. Her In-Laws anyway didn’t allow her to go with her father. According to their custom, the Rama could not celebrate the festival in the house of her laws in the first year of her marriage. So, the in-laws sent her to Rama’s elder sister Smt. Malti Devi house. Rama returned to her matrimonial home on 10th March 1982.
On 14th March 1982, a missing report by her father-in-law Bal Kishan Das lodged along with the photograph of Rama’s with the Kotwali City Police Station. In the report, he expressed that, in the morning, the main door of the house was wide open and Rama was not there. In the earlier night, when she headed to sleep, she was wearing a red printed cotton saree, ear-rings, a neck chain, a sweater of orange color, some maroon color glass bangles, ‘Bichwas’ on toes, silver ‘paizeb’ on ankles and two golden rings on the fingers.
On 15th March 1982, Shri Kela, Kanti Chand, and Dr. Rathi held up a report with the Saharanpur P.S. Shri. Kela expressed that when he last met Rama, she disclosed to him she was being tormented by her husband’s parents. Likewise expressed that prior earlier two of the daughters-in-law of Bal Kishan had died under secretive conditions.
On 17th March 1982, at 1:00 P.M., Sanitary Jamadar Kali Ram was washing Platform No. 1 of New Delhi Railway Station, alongside his men. He found a green-colored holdall near a bench in front of II Class Ladies waiting room. He informed Kartar Singh Police Head Constable, later he informed Ram Swaroop Yadav SHO. On opening, they found an enormous gunny bag, tied with a rope, at a lower level another small gunny bag, and a gadda, on the opening of enormous gunny bag the decomposed and swollen body of a woman aged about 25/26 years had a red printed saree, a yellow petticoat, Badami color woolen sweater, a yellow cotton blouse under the woolen blouse, around her left wrist red color glass bangles, and few broken bangles pieces.
Shri Yadav then recorded the statement of Kali ram Jamandar and forwarded it to the police station, the photos of the dead body taken, and then forwarded it for post-mortem examination. Shri Yadav seized and sealed the holdall, and the gunny bags, the gadda and the broken bangles, and forwarded to the Forensic Science Laboratory.
On 29th March 1982, Shri Yadav contacted Bal Kishan Das and Mahesh Narain to identify the belongings of Rama. Both became nervous and began to look at each other. Shri Yadav suspected them and on Interrogation of Mahesh Narin and Bal Kishan Dass, it appeared to the IO that Suresh Narin and Ashok Kumar also involved in Rama’s murder.
Postmortem Report
On 17th March 1982, Dr. L. T. Ramani held a post-mortem examination found that the deceased was aged around 25 years, found a ‘till’ in her left nostril.
Dr. Ramani opined that the ligature mark present around the neck was caused by the rope and was antemortem. To cause death the ligature was sufficient, and the deceased has died because of asphyxia resulting from strangulation. As they have found the body in a holdall, she opined that her death took place 2-3 days before.
Forensic Report
In a physical search of the house of Bal Kishan Dass and Mahesh Narain, they recovered 7 large gunny bags. Shri S.R. Singh Senior Scientific Officer and Head of the Physics Department Forensic Science Laboratory, New Delhi, on the examination of 7 gunny bags, with a comparison of one in which the dead body of Rama was found, opined that bags were like each other in their ‘Physical Measurements’ and printing characteristics.
Judgement
Under Section 120 B read with Sections 302 and 201, IPC was framed against Bal Kishan Dass, Mahesh Narin, and Suresh Narin.
Framed additional charges under Sections 302 and 201, IPC against Bal Kishan Dass and Mahesh Narin.
Framed only a charge under Section 201 IPC against Suresh Narin.