Delhi District Court
State vs . Billu Ram @ Pillu on 28 November, 2018
IN THE COURT OF MS. ASHA MENON : DISTRICT &
SESSIONS JUDGE (SOUTH) : SAKET : NEW DELHI
CISSC65722016
CNRDLST 010001812015
State Vs. Billu Ram @ Pillu
S/o Sh. Ram Dayal,
R/o H. No.E211, Sanjay Colony,
Bhati Mines, New Delhi.
Permanent address :
E227, Sanjay Colony,
Bhati Mines, New Delhi.
FIR No.577/2015
U/s 302 IPC
PS Fatehpur Beri
Instituted on: 30.11.2015
Judgment reserved on: 05.11.2018
Judgment pronounced on: 28.11.2018
JUDGMENT
The accused Billu Ram @ Pillu was charged with the
murder of his wife Smt. Chando Devi.
THE CHARGESHEET
The allegations as per the chargesheet are that on
13.08.2015at house No. E227, Sanjay Colony, Bhati Mines after 4.30 pm and prior to 8 pm, the accused Billu Ram @ Pillu had struck Smt. Chando Devi on her forehead with a danda / leg of charpai which resulted in fracture of skull with such intent to cause her death. Smt. Chando Devi had also sustained injuries on her left arm, left shoulder and right leg due to assault on her by the accused Billu Ram @ Pillu.
CISSC65722016 Page ...1 of 64 The alternative charge framed was under Part4 of Section 300 IPC that the accused Billu Ram @ Pillu had inflicted the injuries on the forehead and the face of the deceased with such intent and knowledge that his act was so imminently dangerous that it would in all probability cause the death and such bodily injury as was likely to cause death for incurring which he had no excuse. Thus, he was charged for the offence U/s 302 IPC to which he pleaded not guilty and claimed trial.
The prosecution has examined a total of thirty five witnesses. The accused has examined two witnesses in defence.
PROSECUTION EVIDENCE PW.1 Dharamvir, PW.3, Laddu Dass, PW.4 Smt. Asha Devi, PW.8 Smt. Maharani, PW.9 Ali Chand are the neighbours and other acquaintances of the deceased and the accused. PW.2 Sh. Sri Chand is the relative of the deceased. PW.5 Pooja and PW.6 Yogesh are the children of the deceased and the accused. PW.7 Smt. Sheela is the mother of the deceased. PW.10 Sh. Sunil is the mother of the deceased. PW.11 is Dr. Rajani Kant Sahay Swain who prepared the MLC of the accused Billu Ram @ Pillu. PW.20 is Dr. Ashish Raj who prepared the MLC of the deceased. PW.27 Dr. Asit Kr. Sikari conducted the post mortem on the deceased. PW.31 Dr. Hemant Kumar Kanwar gave the opinion on the weapon of the offence on the basis of the postmortem report. PW.24 Dr. B.K. Mohapatra, Sr. Scientific Officer from the Biology Division of the CFSL carried out the biological examination on the exhibits. PW.25 Sh. Sandeep Monga, Sr. Scientific Officer of the Chemistry Department at the RFSL carried out the chemical examination on the exhibits. PW.30 is Dr. Subrat Kumar Chaudhary, Sr. Scientific Officer who examined the weapon of the offence and submitted his report. The others are the witnesses from the police who CISSC65722016 Page ...2 of 64 had joined the investigations at various points of time.
The detailed reference to the testimonies of the witnesses would be apposite at this juncture.
PW.1 Dharamvir deposed that he had a sweat shop in front of the primary school at Bhati Mines where others also put up their shops on cots (charpai). The witness stated that the accused Billu Ram @ Pillu and his wife Smt. Chando Devi also used to put up their shops on charpais in front of his shop. They used to open their shops at about 8.30 am and close at about 4.30/5 pm when the school closed. He further stated that they had a house which belonged to them about 500 to 600 meters from his shop. He deposed that on 13.08.2015 also they had come as usual. He further stated that on 13.08.2015 at about 8 pm, he had noticed a crowd collected outside the house of the accused and he went to find out and learnt that the wife of the accused had been murdered. He stated that he came back to his shop and did not learn who had murdered her and how.
The witness was crossexamined by the Ld. APP for the State during which the witness stated that on 13.08.2015 the accused and his wife, at about 4.30 PM had taken all their articles and had gone to their house at E227 and he had so informed the police. However, he denied that he had told the police that he had learnt that the accused Billu Ram @ Pillu had murdered his wife. He claimed to have only informed the police of the murder of the wife of the accused Billu Ram @ Pillu. He was confronted with his statement Ex.PW.1/A where it was recorded that he had informed the police that it was the accused Billu Ram @ Pillu who had murdered his own wife. He denied that he was testifying falsely in order to save the accused Billu Ram @ Pillu as he worked in the same locality where the accused resided.
CISSC65722016 Page ...3 of 64 The witness was crossexamined by Sh. Sanjiv Sharma, Ld. Counsel from the District Legal Services Authority (South). The witness stated that the school in front of his shop started at 8 am and closed at 5 pm. He stated that he opens his shop at 7 am and close at 11 pm. He further stated that he had never gone to the house of the accused Billu Ram @ Pillu and his wife. However, he deposed that he had seen the accused Billu Ram @ Pillu and his wife going together with their articles in the evening in front of his shop but did not know where they had gone as he had never gone to their house. He claimed that the police did not record any statement in his presence.
PW2 is Shri Sri Chand who deposed that Chando, the deceased was his brother's daughter and the accused Billu Ram was her husband. He deposed that on 13th August, the year he could not recall as he is illiterate, Chando had expired. He stated that the accused Billu Ram had been apprehended. He deposed that two policemen from his village police post of Bhati Mines had come to his house at 09.45 pm and had taken me for identification of the accused Billu Ram. He deposed that he had gone to Jaunapur near Mangar Village at Faridabad Road for identification of the accused Billu Ram. He stated that he had identified the accused Billu before the police. He stated that he had thumb marked the arrest memo of the accused Billu Ram on Ex.PW.2/A, the personal search memo of the accused Billu Ram on Ex.PW.2/B and the seizure memo of the bunch of keys and the mobile phone Ex.PW.1/C. He deposed that the accused was then taken to the police station Jaunapur and thereafter the police had taken him to room No.227, Bhati Mines and had unlocked the room. He claimed that he had not paid attention as to with which key the lock of room No. 227, Bhati Mines had been unlocked or whether it had been unlocked with CISSC65722016 Page ...4 of 64 the key recovered from the accused. He claimed that it was dark at that time. However he had identified the bunch of keys containing four keys, Ex.P1(1 to 4) as the keys recovered from the accused. The said bunch of keys is exhibited as Ex. P1 (1 to 4) and the lock as Ex.P2.
During the crossexamination by Shri Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, PW.2 Sri Chand stated as correct that the police had told him at his house itself when they had come before 09.00 pm that they had apprehended the accused Billu Ram and that he, the witness had to accompany them for his identification. He stated that the police did not tell him how long before they had apprehended the accused Billu Ram. He further stated that the articles recovered from the accused Billu Ram had been recovered from him before he reached the spot. He answered as correct that the police had told him at the spot that those articles had been recovered from the pockets of the accused Billu Ram. He further stated that the police had placed before him the mobile and the keys. He claimed that his statement had not been recorded by the police. He stated that he knew the number 227, Bhati Mines was the place where Chando had been killed. He further deposed that the latch of the room at No. 227, Bhati Mines was intact when he had gone there and it was not broken and there was only one hole for the latch. He denied the suggestion that he had not identified the accused Billu Ram before the police or that he was deposing falsely.
PW.3 Shri Laddu Dass was examined in respect of the extrajudicial confession made by the accused. He deposed that Gullu Ram (the accused Billu Ram) had reached his Math at District Vaishali, Village Manua Moth, PS Hajipur, Bihar on 14/1582015. He deposed that the accused had informed him that he came from Bhati Mines and CISSC65722016 Page ...5 of 64 the witness had asked him why he had come whereupon the accused informed him that he had murdered his wife. He further stated that the accused had informed him that he had murdered his wife as he alleged her to be characterless. He identified the accused Billu Ram present in the Court. He further stated that he had made the accused Billu Ram run away from his Math.
The witness in his crossexamination by Shri Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, deposed that his Math was in Vaishali District, Village Manua Moth and he was the Mahant in that Math which was in existence for 300 years, for the last 25 years. He further stated that he had never met the accused Billu Ram before 14/15082015. He further stated that there was no register maintained at that Math of Sewaks nor of visitors. He further stated that the accused Billu Ram had met him at the Math at 5 am or 6 am. He further deposed that he had made the accused Billu Ram run away in one day itself. He further stated that he did not go to the local police station nor informed of the statement made by the accused to him.
He further stated that the police had come to his Math at 7 am 6 / 7 days later and remained at his Math for about one hour. He further stated that he had given statement to the police and the police had read over the same to him. He further stated that the police had called him once to Delhi in relation to the case but he did not recall the date. He further stated that probably it was one or two months after the accused had been made to run from his Math. He further stated that he had never met the accused Billu Ram before 14/15082015 nor thereafter and the police had also never shown the accused Billu Ram to him for his identification. He further stated that he did not know the accused Billu Ram personally. He admitted that he had not made any CISSC65722016 Page ...6 of 64 complaint against the accused Billu Ram anywhere. He denied that he was deposing falsely.
PW.4 is Smt. Asha Devi. She deposed that apart from domestic work, she also put up a cot in front of the government school to run a shop at A20 Bhati Mines. According to the witness it was the 12082015 and the school was closed for half day on that day as there was a function on the 13th and the school was closed for the 14th and 15th, August. She claimed that she had closed her shop on 12.08.15 after the half day of the school by 4.00 pm and had gone home. She further stated that she had not put up her my shop on 13.08.2015. She further deposed that Chando Devi also used to put up her shop on the Khat and identified the accused Billu Ram as the husband of Chando Devi. She further deposed that the husband of Chando Devi i.e. the accused also used to put up his Charpai / Khat along with his wife Chando Devi.
She further stated that she had last seen Chando Devi and her husband on 12.08.2015 after the school had closed for the half day and after she had closed her shop at 4.15 pm and their shops had also been closed by Chando Devi and her husband. She was unable to state as to what clothes the accused was wearing when she had last seen him. She further stated that the accused and his wife Chando Devi after closing their shops used to keep their articles at their home but she did not know whether they lived in house no.227, Sanjay Colony, Bhati Mines. She further stated that on 13.08.2015 when she learnt that Chando Devi had been killed, she had not put up her shop. She further voluntarily testified that no one had put up their shops on the 13.08.2015 on learning that Chando Devi had been killed.
The Ld. APP for the State crossexamined this witness CISSC65722016 Page ...7 of 64 during which she stated that it was incorrect she had stated to the police that on 13.08.15 she had seen Chando Devi and her husband, the accused having put up their shops till 4.15 pm or that the accused was wearing an orange colour Kabadwali Tshirt and blue colour Jeans and that he had put a blue colour cap on his head on 13.08.15 and had not seen the accused with such clothes. She denied that having given any such description to the police and she was confronted with her statement Ex.PW.4/A. She denied that she had told the police that Chando Devi and the accused her husband had shut their shops at 4.30 pm and had removed their articles and had gone to their home on 13.08.2015 and insisted that the accused and his wife had closed their shops on 12.08.15 at about 4 pm and that no one had put up their shops on 13.08.15. She stated that she did not know where Chando Devi had been murdered or her corpse was found. She did not recognize the cap produced in the court. She denied the suggestion she had seen the accused and his wife on 13.08.15 at about 4.30 pm. She denied that she was deposing falsely.
In her crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, she stated that she had never seen the accused Billu Ram nor his wife putting their articles together in their house at any time.
PW.5 is Ms. Pooja, daughter of the accused and the deceased. She deposed that her maternal grand mother resides at D211, Bhati Mines and on 13.08.2015, she alongwith her parents were residing with her maternal grand mother. She deposed that her mother used to sell confectioneries on a charpai outside the school at Sanjay Colony and her father also used to sit with her mother to sell the toffees etc. She stated that her father under the influence of liquor, cigarette etc. used to quarrel with her mother and used to threaten to kill her. She further CISSC65722016 Page ...8 of 64 stated that all the confectionary items used to be stored in the house no. E227, Sanjay Colony.
She stated that her parents would return home around 5.30 pm or 6.00 pm but on the date of incident they did not return till even 8.00 pm. Thereafter her she and grand mother had gone in search of them at E227, Sanjay Colony and when they peered through the window they found her mother lying there soaked in blood. She further deposed that thereafter her maternal grand mother and she had gone the police chowki and the police had come to E227 and tried to break open the lock but the lock could not be broken but the bolt on the door broke and they entered into the house. She further stated that she was not allowed to go inside and had only a glimpse of her mother's body. She deposed that the name of her mother was Chando and the accused Billu Ram was her father.
In her crossexamination by Shri Sanjiv Sharma, ld. Legal Aid Counsel for accused, the witness stated that she studied in Govt. Co ed, Senior Secondary School and her school was from 7.00 AM to 1.00 PM. She gave her date of birth as 05.03.2002. She stated that her mother used to sell confectioneries not in front of her school but in front of another school. She claimed that her parents used two separate charpaies to sell confectioneries and the two cots were kept at a distance of about 67 ft. from each other. The witness further stated that the quarrels between her parents were on account of the property E227, as her father wanted to sell the same whereas her mother used to oppose such sale. She further stated that the police had recorded her statement in the evening of 13.08.2015 and again in the night around 12 O'clock. She was confronted with her statement Ex.PW5/DA wherein it was not recorded that her parents used to sell confectioneries on two cots and CISSC65722016 Page ...9 of 64 that she had gone to E227 where the body of my mother was found.
She further stated that when they saw the body of her mother through the window of E227 neither she nor her grand mother nor any other person tried to break open the door to get in. She further stated that her uncle Pappu was also with them when they had gone to E227 but that the statement of her uncle was not taken in her presence. She further stated that they had raised alarm as they proceeded to the police station and so the neighbours would have got to know as to what had happened. She denied the suggestion that she was not present when the body of her mother was discovered. She denied that she was deposing falsely at the instance of my grand mother.
PW6 is Yogesh who is the son of the accused and the deceased. He deposed that for about seven months prior to the death of his mother Smt. Chando, they had been residing with their maternal grand mother at D211, Sanjay Colony. He also deposed that his mother used to sell confectioneries in front of a school in Sanjay Colony. He stated that his father was not employed and was given to drug addiction. He deposed that his father used to treat his mother very badly and used to threaten to kill her. He deposed that his mother used to store all the confectioneries in E227 which is their property. The witness stated that his father used to sit along side his mother when she used to sell the confectioneries. He further stated that his parents used to return around 5.00 pm5.30 pm every day. He further deposed that he was away at school but his parents did not return as usual in the evening. He further stated that when his parents did not return while he remained at home, his maternal grand mother and sister went to E227 to look for his parents. He further deposed that he learnt from his maternal grand mother that his mother had died and her dead body was found in E227.
CISSC65722016 Page ...10 of 64 He further deposed that the accused Billu present in Court is his father.
In the crossexamination by Shri Sanjiv Sharma, ld. Legal Aid Counsel for the accused, he deposed that he and his sister used to study in the same school and had the same school timings. He stated that it was correct that his father was unemployed. He further stated that his father was earlier employed but after the incident of threatening his mother, he stopped working. He accepted as correct that his father did not do anything for a livelihood at the time of my mother's death. He claimed that his maternal grand mother had complained to the police when his father had threatened his mother. He further deposed that he did not state this fact to the police and also did not know when his maternal grand mother had made such a complaint. He denied the suggestion that no such complaint had been made or that the accused Billu Ram had never threatened his mother. He deposed that his statement was recorded by the police on 13.08.2015. He denied that he was deposing falsely at the instance of his grand mother or had never made any statement to the police.
PW.7 is Smt. Sheela. She deposed that she had two daughters and the younger one was Chando. She deposed that the
accused Billu Ram used to give beatings to her daughter Chando and her children and used to threaten her daughter that he would kill her. She further stated that due to this ill treatment and threats she had brought her daughter and the children to her house where they lived for about seven months. She further deposed that her daughter used to hawk confectioneries on a charpai outside the school to earn her livelihood and her daughter had a house in the same colony where she used to store all her goods. She further deposed that her daughter used to return home usually by 6 pm and on 13.08 her daughter did not return home by CISSC65722016 Page ...11 of 64 6 pm. She further deposed that she waited for her till quarter to 7 pm and then she went in search of her daughter along with her grand daughter and went to the room where she daughter used to store the articles.
She further deposed that the door was locked from outside and they peeped in through the window. She further deposed that she saw her daughter was lying in a pool of the blood. She further deposed that she called out to her daughter who did not respond and then, she went to the police. She further deposed that the police came and tried to break open the lock but the lock did not break and the bolt broke and the police opened the door and she too went in with the police. She further deposed that she noticed a blue coloured cap usually worn by the accused Billu Ram and a wooden piece next to her daughter. She further deposed that the accused was nowhere around as he had locked the door and gone off somewhere, she did not know where. She further stated that she filed a complaint with the police which is Ex.PW.7/A. She further deposed that the police removed the body of her daughter and she had identified her daughter's body before post mortem and had received the body vide Ex.PW.7/B. She further stated that the accused used to quarrel with her daughter on the issue of selling her property / room where her dead body was found. She further stated that she had handed over the copy of the ration card of her daughter to the police vide seizure memo Ex.PW.7/C and the copy of the ration card is Ex.PW.7/D. She further stated that she had also handed over the copy of the Aadhar Card belonging to the accused to the police vide memo Ex.PW.7/C and the copy of the Aadhar Card is Ex.PW.7/E. The witness also identified the cap as belonging to the accused Billu Ram which is Ex.P3.
CISSC65722016 Page ...12 of 64 Ld. APP for the State was permitted to put a leading question to the witness. In response, she admitted as correct that the accused was also suspicious of the character of her daughter. She also volunteered that the accused was addicted to intoxicants as several are available now and would not remain in his senses. She identified her daughter in the photographs Ex.P7/114.
During her crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, she deposed that she had been residing in the same place since long and both her daughters had been born there. She claimed to be the owner of the house where she was residing in though she had no documentary proof of ownership. She further deposed that she used to reside alone and now the children were residing with her and her daughter had also started residing with her about 5/6 months before her death. She admitted as correct that when her daughter and her children came to reside with her, the accused Billu Ram had also begun residing in her house. She also admitted as correct that the accused Billu Ram was residing with her till the death of her daughter.
She stated that she had no son and her elder daughter had two sons and one young daughter and Sunil was her elder son. She further stated that she did not reside with them and her house was nearby. She further stated that Sunil had married two years ago. She denied as incorrect that Sunil and her daughter had illicit relationship or that the accused objected to the relationship. She further stated that the accused had made false allegations. She further stated that she had made two complaints previously when the accused had beaten up her daughter but she had neither mentioned this to the police in her statement nor had she submitted the copies of these complaints to the police. She denied CISSC65722016 Page ...13 of 64 that no complaints were made by her to the police.
She further stated that she had never accompanied her daughter to keep the articles in her house and she had never seen her daughter bring out or deposit confectioneries after sale in her house. She was not aware if there were any confectionery seized from the room by the police. She denied that she had falsely stated that her daughter used to keep her confectioneries in the house of the accused or that she used to keep those articles in her house. She denied that the house of the deceased and the accused used to remain locked as they used to stay with the witness. She explained that the accused and the deceased used to go in the morning and evening to the said house.
She was unable to recall how thick or long the piece of wood was that was found next to her daughter's body. She denied that she had not contacted the family of the accused as they wanted to frame and falsely implicate the accused in the case. She did not recall whether she had told the police that the quarrels between the accused and her daughter were because he wanted to sell the property. She denied that there was no issue with regard to the property between the accused and the deceased as the property belonged to the accused. She further stated that the accused did not disclose his suspicions of illicit relationship between Sunil and her daughter, therefore, she had no occasion to reason with him. She further stated that it was after the murder of her daughter that she learnt that the accused was casting aspersions on her character.
She further stated that Sunil would be about 23 years of age. She denied the suggestion that they wanted to protect Sunil or that Sunil had killed her daughter as her daughter was insisting that Sunil marry her and continue his relationship with her. She denied the suggestion that the accused had been falsely implicated in the present CISSC65722016 Page ...14 of 64 case as Sunil wanted to grab the property of the accused Billu Ram also.
PW.8 is Smt. Maharani. She deposed that she resides in the same colony as the accused Billu Ram and his house was about 100 to 150 feet from her house. She stated that she has a ration / Kiryana shop. She deposed that the accused Billu Ram passed by her Kiryana shop in the day time but she could not recall the time and she had merely noticed the accused Billu Ram passing by and he appeared normal in his behaviour. She could not say whether the accused Billu Ram had passed on the road before or after the death of his wife as she learnt of her death after two / three days of the event. She stated that the police had made enquiries from her and she had told that the accused Billu Ram had gone from his house. She had not told anything else nor did she tell the police anything more.
The witness was crossexamined by the Ld. Additional Public Prosecutor for the State and she admitted as correct that on that day the accused went quietly in front of her shop without wishing her 'RamRam' as was his usual habit but she could not state whether the accused Billu Ram had passed by her Kiryana shop at about 5 / 5.30 pm or that he did so on 13.08.15 as she was illiterate. When the statement U/s 161 Cr.PC dated 14.08.15, was read over to the witness, she stated that she had merely told the police that accused Billu Ram passed in front of her shop without wishing her and she had not stated anything else but she admitted that due to her illiteracy, she was unable to tell the date, month and year and the time of the incident when he passed in front of her shop.
In her crossexamination by Shri Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, she stated that she was not related to the accused Billu Ram. She further stated that her husband did not usually CISSC65722016 Page ...15 of 64 sit at the Kiryana shop and did so infrequently. She further stated that she came to know of the death of Chando from the police when they visited her for enquiry and it could be the same day or the following day of the event. She admitted as correct that she did not notice anything suspicious or abnormal in the behaviour of accused Billu. She stated that she could not describe the clothes worn by Billu Ram when she had seen him and could not say whether her statement was recorded by the police.
PW.9 is Sh. Ali Chand who deposed that he is a rickshaw puller and knows the accused Billu Singh as he belongs to his Biradari. He further stated that the accused resides in the village Sanjay Colony, Bhati Mines and he also resides in the same colony towards the outskirts. He further stated that on the day of incident, police came to his juhggie for making enquiry and he told the police that he had seen the accused going towards jungle side passing by his jhugie as he was passing through quickly and the accused Billu Ram did not wish him. He further deposed that it was evening hour when Billu was passing in front of his jhuggie but he did not recollect the exact time when he was passing. However, the accused Billu was wearing a Tshirt and pant at that time.
In the crossexamination by Shri Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, he admitted as correct that near his jhuggie there are several other jhuggies and his jhuggie is on the wayside. He further deposed that the police officials made enquiries from other jhugiwalas also including from a lady named Gulan. He did not know as to what was her statement to the police. He further deposed that he did not call out 'RamRam' to the accused Billu while he was passing by as the accused was at some distance from him. He further stated that he CISSC65722016 Page ...16 of 64 did not know whether the accused Billu Ram had noticed him as he could only state he had seen the accused. He further stated that he had not noticed anything suspicious or abnormal in the behaviour of accused Billu Ram. He was unable to state the colour of the clothes worn by the accused Billu Ram at that time. He further deposed that he could not tell the date when the police made enquiries from him or had recorded his statement. He denied that no statement of his was recorded by the police at any point of time. He denied that he was deposing falsely.
PW.10 is Sh. Sunil. He deposed that Chando was his maternal aunt (Mausi). and the accused Billu Ram was his Mausa. He stated that the House No. E227, Sanjay Colony belonged to accused Billu Ram and the H.No. D211 belonged to his maternal grand mother (Nani). He further stated that the accused used to quarrel with his Mausi. He stated that he used to visit the house of his Mausi infrequently. He stated that the accused used to suspect him and his Mausi. He further stated that he did not meet his Mausi on 13.08.2015 nor did he know how his Mausi died. He stated that the dead body was found in the room belonging to the accused.
Ld. Additional Public Prosecutor for the State was permitted to put a leading question to the witness whereafter, the witness admitted as correct that he had told the police that on 13.08.2015 in the morning when he was talking to his Mausi in a normal way the accused was looking uncomfortable and staring at them.
In the crossexamination by Shri Sanjiv Sharma, ld. Legal Aid Counsel for the accused, he disclosed that his family comprised of his parents, his wife, his child, a brother and a sister. He stated that he was the eldest son of his parents. He stated that he was married on 18.04.2015 and was 2223 years old at that time. He stated that the CISSC65722016 Page ...17 of 64 house of the accused E227 is situated at some distance from his house though it is in the same colony and it took 1520 minutes to walk up to house of the accused from his house. He further disclosed that his house and his grand mother's house were adjacent to each other. He further stated that Chando Devi had come to his grand mother's house about 67 months prior to her death.
He denied that he had a close relationship with his Mausi and was confronted with his statement Ex. PW10/DA where it was recorded "mera mausi se bada mel jol tha". He further stated that he had no quarrel with the accused Billu Ram on the issue of his relationship with his Mausi and was confronted with his statement Ex. PW10/DA where it was recorded "tatha wo meri mausi ke saath hasne bolne par bhi shak karta tha jiske liye usne mere wa meri mausi ke saath jhagda bhi kiya tha". He further stated that he had not made any complaint to the police about the accused Billu Ram quarrelling with him or his Mausi.
He further stated that he had no illicit relation with his Mausi. He further stated that on the day Chando Devi died he was at his house throughout the day and had not gone for his work. He further stated that he had reached at E227 after the police had removed the body. He further stated that he learnt about the death of Chando Devi around 66.30 pm. He further stated that he had not accompanied his grand mother to E227. He further stated that the relations with his own wife were cordial even at the time when Chando Devi was alive. He denied the suggestion that Chando Devi had come to reside next to his house as they were in illicit relationship. He denied the suggestion that his wife also used to object to his relation with Chando Devi and there was no such thing between them. He denied as incorrect that the CISSC65722016 Page ...18 of 64 accused had been falsely implicated in the present case despite the fact that he was nowhere involved in the present case and in fact he was not present on the day of incident at the place of incident.
PW.11 is Dr. Rajani Kant Sahay Swain who was posted as Sr. Resident in the Department of Forensic Medicine, AIIMS, New Delhi on 18.08.15 at about 1.32 am. He deposed that on that date, Insp. Ajay Pratap, PS Fatehpur Beri, New Delhi had brought Mr. Billu Ram son of Sh. Ram Dayal, 37 years male for collection of blood sample and hair which he collected and prepared the MLC, Ex.PW.11/A. During the crossexamination by Sh. Sanjiv Sharma, Legal Aid Counsel for accused, he deposed that the hair and blood guaze were sealed by the attendant in his presence. He admitted that the first page of the MLC no.11232/2015 was neither prepared by him and nor signed by him.
PW.12 is Ct. Sanjay, who was posted at police post Sanjay colony PS Fatehpuer Beri on 13.08.15 and performing duty as DD writer from 8.00 am to 8.00 pm. He deposed that on that day at about 8 pm, one Smt Sheela alongwith grand daughter Pooja had come to police post and informed him that her daughter Chando resident of E 227, Sanjay Colony, Bhati Mines was lying in a pool of blood in her room and her room was locked from outside. He deposed that on receipt of this information, he reduced it into writing in the daily diary vide DD no.14 and said DD was handed over to SI Surender for necessary action. The said DD is Ex.PW12/A. No questions were asked from this witness.
PW.13 is ASI Lokender Singh who was posted in PS Fatehpur Beri and performed duty as Duty Officer on 13.8.2015 from 4.00 pm to 12.00 midnight. He deposed that on that night at about 11.20 CISSC65722016 Page ...19 of 64 pm, Ct. Subey Singh came to PS and handed over him a rukka, on the basis of which he recorded the FIR No.577/15, U/s 302 IPC. He deposed that after registration of the FIR, he had made his endorsement at point X on the rukka and handed over copy of FIR and rukka to Ct. Subey Singh. The witness brought on record the copy of the FIR as Ex.PW.1/A. In the crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for accused, he stated that the constable had come at 11.20 pm with the rukka and he had taken five minutes to read the same and 45 minutes to register the FIR during which time, the Constable remained in the PS. He deposed that the Constable left the PS at 12.10 am when the special messenger was also despatched. The witness had also deposed to the various entries in the malkhana register in respect of the deposit of various pulandas vide Ex.PW.29/A. The witness had also explained that he had not checked the contents of the pulandas that were deposited with him.
PW.14 is Ct. Ashok who deposed that on the intervening night of 13/14.08.15, he was posted in the PS Fatehpur Beri and was present in the PS. He deposed that on that night the Duty Officer had handed over him the copies of the FIR of the present case to inform and deliver at the residence of the senior police officer and Illaka Magistrate.
In the crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, he deposed that he had received the FIR around 12.15 am and had returned to the PS at about 2.30 am after delivering the copies of the FIR.
PW.15 is ASI Baldan Singh who deposed that on 13.08.15, he was posted in Mobile Crime team, South District as photographer. He deposed that on that day, he had received a message CISSC65722016 Page ...20 of 64 from control room that he had reached at E227, Sanjay Colony, Bhati alongwith SI Ajay Kumar Incharge of Crime team, ASI Ram Niwas, Proficient and SI Surender Singh met them at that place. He deposed that when they entered in a room they saw one lady was lying in a pool of blood and her head was badly injured. He deposed that on the directions and instance of SI Surender and SI Ajay Kumar Incharge of crime team, he had taken 14 photographs of the place of incident from different angles and later on, Investigating Officer had collected the said photographs. He placed on record the 14 photographs as Ex.PW7/A1 to Ex.PW7/A14 and the 14 negatives of the said photographs as Ex.PW15/A1 to Ex.PW15/A14.
In the crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, he deposed that he had first received the information at about 9 pm and had reached the spot around 10 pm. He deposed that it took him about one hour to take the photographs from all angles. He stated that they had left around 1.30 am. He deposed that he did not recall when the IO had collected the photographs. He deposed that his statement was recorded at the spot on 14.08.15.
PW.16 is Ct. Subey Singh who deposed that on 13.8.15, he was posted in PP Sanjay Colony PS Fatehpur Beri and on that day at about 8.00 pm he was present at the Police Post when Smt. Sheela alongwith her grand daughter Pooja (PW.5) had come to the Police Post and informed that her daughter Chando resident of E227, Sanjay Colony, Bhati Mines was lying in her room in a pool of blood, which she had seen through the window. The witness stated that she along with SI Surender, Smt Sheela and her grand daughter came to H.No. E 227, Sanjay Colony, Bhati Mines and saw that the room was locked from outside. The witness further deposed that they tried to break the CISSC65722016 Page ...21 of 64 lock but the lock could not be broken but the latch was broken. He further deposed that when they entered into the room and saw one lady was found in a pool of blood and her head was badly damaged and there were two pieces of leg of the cot in the room covered with blood. He further deposed that there was blood spilt on the almirah, wall and floor and there was a cot lying in the room on which one cap and some confectionery items like toffees were lying.
He further deposed that Smt. Sheela identified the deceased as her daughter Chando and she further told them that the accused Billu Ram, the husband of her daughter has murdered her daughter and had fled away after committing the offence. He further deposed that SI Surender recorded the statement of Smt Sheela and her grand daughter and prepared a rukka and rukka was handed over to him which he took to the PS for registration of the FIR. He further deposed that the copy of FIR was handed over to Insp. Ajay Pratap Singh for further investigations. He further deposed to the summoning of the crime team at the spot and inspection of the spot by the crime team and the taking of photographs of the scene of crime. The witness also deposed to the seizure of all the exhibits. He had also identified the exhibits produced in the court by the MHCM.
In the crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, he deposed that he reached the spot immediately on receipt of the information from Smt Sheela directly from the police chowki at 8.10 pm or 8.15 pm. He was questioned on the dimensions of the room and the nature of the door whether it was double panelled or single panelled. During the crossexamination, he identified the cap Ex.P3 as he had seen the accused wearing it while on his way to work and on his return after work and the accused had also CISSC65722016 Page ...22 of 64 come to the Police chowki often wearing the said cap and also because the cap was found near the body of his wife in the room. He further stated that he had also identified the cap because the cap was slightly torn from the top.
He further stated that he knew the accused prior to this incident. He further stated that the accused was a labourer as he used to see the accused go for work from the bus stop in front of the police chowki and he had seen him. He further stated that on the date of incident, he had not seen the accused go for work. He further stated that he had seen the accused a day or two prior to the incident going for work and that he used to go for work around 8.30/9.00 am. He further deposed that brothers of the accused had constructed their homes near to each other though he could not give their numbers. He denied that he had not visited the scene of the crime or that he was giving his statement at the instance of the Investigating Officer and had no personal knowledge of the facts.
PW.17 is ASI Yudhvir Singh who was the MHCM at the relevant time and he had received viscera box and had dispatched the same along with other exhibits to the FSL vide receipts Ex.PW17/A, Ex.PW17/B and Ex.PW17/C. In his crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, he deposed that the case property came in sealed condition to him and so long as the case property remained in his custody, it remained sealed.
PW.18 is Ct. Anil. He deposed that on 13.08.15, he was posted at PP Sanjay Colony, PS Fatehpur Beri and on that day one lady namely Smt. Sheela alongwith her grand daughter Pooja came to the police post and informed them that her daughter Chando was not CISSC65722016 Page ...23 of 64 responding to her calls. He further deposed that Sheela had seen her daughter through the window of the room at the House No. E227, Sanjay Colony, Bhati Mines and that Chando was lying in a pool of blood in her room. He further deposed that on receipt of this information, he alongwith SI Surender, Smt. Sheela and her grand daughter went to H.No. E227, Sanjay Colony, Bhati Mines which was locked from outside. He further deposed that he peeped into the room through the window and had seen one lady was lying inside. He too deposed that they tried to break open the lock but the lock could not be broken and the bolt of the door was broken.
He further deposed that on entering the room, they found one lady was lying in a pool of blood and the left side of her face was badly damaged, the articles in the room were found scattered, blood was spilt over the wall, almirah and other areas of the room and broken pieces of wooden leg were lying there and the confectionery articles were lying on the cot. He deposed to the crime team coming to the spot and inspecting the spot and taking the photographs. He further deposed that one vehicle Tata 407 was arranged to take the dead body to the AIIMS mortuary by SI Surender where the next day the postmortem was conducted. He further deposed that after post mortem, he was given 13 sealed pullandas and five sample seals which he handed over to ASI Ram Niwas who seized the same vide seizure memo Ex.PW18/A. He identified the cap Ex.P3.
During the crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, he stated that Sheela had come around 8.00 pm to them. He described the room and as having noticed one window on the right side of the door and the room having only one door. He deposed that there was a crowd at the spot and so he could not CISSC65722016 Page ...24 of 64 state that during the time he remained there, any male adult member of the family of Sheela had come to the spot. He further stated that no doctor was called to the spot to ascertain whether Chando was dead or alive. He did not know who had declared that Chando dead. He denied the suggestion that he had not accompanied the Investigating Officer to the spot or that his statement was recorded by way of merely a formality.
PW.19 is Ct. Deepak. He deposed that on 17.08.15, he was posted at PS Fatehpur Beri and had the investigation of this case. He further stated that he had accompanied Insp. Ajay Pratap Singh to Sanjay Colony, Bhati Mines and when they reached at Alu More, one secret informer met them and informed that the accused Billu Ram was seen near Jheel Khurd Border recently. He further deposed that in the meantime one public person namely Shree Chand who is the uncle of deceased Chando also arrived and Insp. Ajay Pratap Singh directed Shree Chand to reach immediately at police picket at Jheel Khurd Border whereafter, he alongwith Insp. Ajay Pratap Singh went to Jheel Khurd Border.
He further deposed that there was a jungle on both sides and one person whose name was revealed as Billu Ram was found present in the jungle. He further stated that first of all they asked the name of that person and that person himself disclosed his name as Billu Ram. He further deposed that on interrogation, the accused Billu Ram initially denied any role in the death of his wife but on persistent interrogation, according to PW.19, the accused admitted that he had killed his wife as he suspected her to be having an affair with some one else. He further stated that thereafter, they brought the accused Billu Ram to police picket Jheel Khurd Border where Shree Chand met them CISSC65722016 Page ...25 of 64 and he identified the accused as Billu Ram, the husband of Chando. The accused Billu Ram was arrested by Insp. Ajay Pratap Singh vide arrest memo already Ex.PW2/A. He also identified the accused Billu Ram present in the court.
He further stated that during the personal search of the accused Billu Ram one mobile phone make Lava, Rs.215/ and one bunch of keys containing four keys were recovered which were seized vide seizure memo Ex.PW2/C. He further stated that the accused was asked about the keys in his possession and he disclosed to the police that after committing the murder of his wife, he locked the room and the key was the same which he used in locking the room from outside. He further deposed that thereafter, he alongwith Insp. Ajay Pratap Singh, accused Billu Ram and Shree Chand went to H.No. E227, Sanjay Colony and they found the lock on the latch of the door as the latch was broken and the door was shut.
He further stated that the lock was opened with one key from the bunch of keys found in the possession of the accused and the said lock and keys were seized by the IO, Insp. Ajay Pratap Singh. He further stated that the accused pointed out the place of occurrence vide memo Ex.PW.19/A. He further stated that the Investigating Officer recorded the statement of Shree Chand. He further stated thereafter, accused and the case property were brought to Police Station. He further stated that the next morning on 18.08.15, the accused Billu Ram was taken out from the lock up and brought to the PS Fatehpur Beri and on further interrogation, his disclosure statement was recorded vide Ex.PW19/B. He further stated that during interrogation, accused disclosed about his clothes and told the Investigating Officer that at the CISSC65722016 Page ...26 of 64 time of commission of offence, he had worn the same clothes which he was wearing at the time of his arrest. He further stated that the brother of accused namely Bansi Lal was called to the Police Station to bring the clothes of accused after which his Tshirt of orange colour and one blue denim jeans, one blue colour belt were seized and one pair of slippers were also seized which belonged to the accused. These were seized vide memo Ex.PW.19/C. He further stated that the accused was produced in the Saket Court Complex and the Investigating Officer took the permission to obtain hair and blood sample of the accused. He further stated that thereafter, they went to AIIMS mortuary with accused Billu Ram where the doctor took two samples (one scalp hair and other blood in gauze of the accused Billu Ram) which were duly sealed by the doctor and handed over to him which were then seized by the Investigating Officer vide seizure memo Ex.PW19/D. He further stated that thereafter they had returned to the Saket Court Complex and accused was sent to Judicial Custody. He further stated that on 08.10.15 he had again joined the investigation of the case when he received one forwarding letter from the Investigating Officer directing him to collect the exhibits from Malkhana and deposit the same in CFSL, Lodhi Colony which he did. He further stated that the exhibits remained untouched and intact during his custody. He further stated that he returned to the Police Station and handed over original copy of receipt to the MHCM and the photocopy of the Road Certificate was handed over to the Investigating Officer. He further deposed that on 08.11.2015, he had again joined the investigation of the case when he accompanied the Investigating Officer to the House No. D211, Sanjay Colony, Bhati Mines where the Investigating Officer asked Smt. Sheela to provide the identity and residential proof of the accused Billu CISSC65722016 Page ...27 of 64 Ram and she handed over to Investigating Officer the photocopy of Aadhaar card and ration card and the same were seized vide seizure memo already Ex.PW7/C. He further deposed that thereafter, he had accompanied the Investigating Officer to Jheel Khurd Border where the Investigating Officer prepared the site plan of the place of arrest of the accused Billu Ram. He identified all the case property.
In the crossexamination by Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused, he stated that he had reached at Jheel Khurd Border around 9.00 pm on 17.08.15. He stated that the information regarding the presence of the accused at Jheel Khurd Border was received by Insp. Ajay Pratap at about 8/8.15 pm. He stated that the informer had met Insp. Ajay Pratap. He stated that they had gone to Jheel Khurd Border in a private vehicle of Insp. Ajay Pratap. He stated that the police picket was at a distance of 300 meters from the place of apprehension of the accused. He further stated that Shree Chand had come after the apprehension of the accused as the accused was apprehended in the jungle where it was dark and they had come to the police chowki where Shree chand was already present. He further stated that Shree Chand had placed his thumb mark on the arrest memo and personal search memo of the accused. He further stated that accused was taken to the house after he was arrested and they reached the house at about 11/11.15 pm. He stated that the premises and the door had not been sealed. He further stated that the broken bolt of the door was tied with the aid of a rope to the door. He further stated that it was night and no one was called to join investigations. He further stated that there was only one door to the room. He was questioned on the aspects of investigations which he duly replied.
PW.20 is Dr. Ashish Raj, Medical Practitioner. He
CISSC65722016 Page ...28 of 64
deposed that on 14.08.15, he was posted in AIIMS hospital when one patient namely Chando, wife of Billu Ram was brought to casualty by the police with the alleged history of brought dead on 14.08.15 at 12.25 am. He further stated that condition of the patient on arrival was that she was already dead and rigormotis was also present. He further stated that there was no evidence of physical assault but recorded the "loss of left part of skull and cerebrum visible". He prepared the MLC Ex.PW.20/A. He further stated that on 18.08.15, he was working in the Emergency, Medicine, AIIMS, Delhi at 1.32 am, when a patient was brought by the police for medical examination. He further stated that the patient bore no fresh present injuries nor had smell of alcohol and he was found fit for giving statement. He prepared my MLC, Ex.PW20/B. In his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that the pupils become fixed and dilated within one hour of the death and after that stage, the body starts decomposing. According to the witness, the death might have occurred around half an hour or one hour prior to the time when the body was examined. He further accepted as correct that the kind of injury mentioned in the MLC i.e. loss of left part of skull could be caused due to fall from the height and further explained that a part of skull was missing in the present MLC. He further deposed that it could be possible that when the body might have been removed after falling from height, a part of the skull could be left out.
PW.21 is ASI Sanjay Kumar. He deposed that on 13.08.15, he was posted at PP Bhati Mines, PS Fatehpuri Beri as Head Constable and on that day he was present at the police post Bhati Mines. He deposed that at about 8 pm, one lady Smt. Sheela alongwith a girl child Pooja had come to the police post and informed him of the CISSC65722016 Page ...29 of 64 discovery of her daughter lying in a pool of blood in house no.E227, Bhati Mines. He further deposed that he alongwith SI Surender and other police staff went to E227, Bhati Mines alongwith the lady Smt Sheela and her grand daughter Pooja. He further stated that they had peeped inside through the window and had seen one lady was lying in a pool of blood. He too deposed that the gate of room was found locked from outside and when they tried to break open the lock of the room, the latch broke. He deposed that they entered inside the room and saw that one lady was lying in a pool of blood on the ground.
He further deposed that SI Surender informed the senior officers. Insp. Ajay Pratap alongwith staff reached to the spot and they noticed that the articles were lying scattered and the blood was also splattered on the walls of the room and the almirah. He further deposed that there was also one charpai with some confectionery items like toffees lying there and the leg of the cot (sheru) was lying with some blood stains there. He further deposed that a blue colour cap having some blood stains was also lying in the room and a dupatta was also lying near the dead body. He deposed to the lifting of the exhibits from the room and handing over the rukka to Ct. Subey Singh (PW.16), the removal of the dead body to the mortuary, seizure of the various exhibits. He identified the various exhibits produced in the Court.
During his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that the information was received at 8 pm and they had reached the spot by 8.07 or 8.10 pm as the spot was close to the Chowki. He stated that five policemen had gone to the spot. The witness was examined in respect of the dimensions, etc of the room. He was examined on the approximate dimensions of the legs of the cot Ex.P4 and Ex.P5 and was questioned CISSC65722016 Page ...30 of 64 on the dimensions of the exhibits produced in the Court and what was recorded in the memo Ex.PW.21/A. He denied that the case property was not the same as was mentioned in Ex.PW.21/A and his own statement, Ex.PW.21/DA. He denied that caps similar to Ex.P3 were easily available in the market. He denied that his statement was not recorded at the place of incident and was recorded at the Police Station later on.
PW.22 is SI Ram Niwas. He deposed that on 14.08.15, he was posted at Fatehpur Beri as ASI and on that day on the direction of Insp. Ajay Pratap Singh, he had gone to the mortuary in AIIMS hospital for conducting the post mortem of deceased Chando Devi. He brought on record his application, Ex.PW.22/C for conducting the post mortem. He deposed that the body was handed over to the relatives of the deceased vide memo Ex.PW7/B. He brought on record the death report Ex.PW22/D. He further deposed that he was handed over 13 exhibits duly sealed with the seal of Forensic department and 5 sample seals which he took in police possession vide memo already Ex.PW18/A. During his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that he had not taken the dead body to the hospital and had not shown the exhibits to the Investigating Officer before depositing them in the Malkhana.
PW.23 is SI Ajay. He deposed that he was posted in Mobile Crime Team, South District as Incharge on 13.08.2015 and on that day, on receipt of a call through wireless set, he along with his staff HC Baldan Singh, Photographer, ASI Ram Niwas, Proficient and his driver Ct. Harish reached at Jhugi no.E227, Sanjay Colony, Bhati Mines. He further stated that they had reached the spot at around 10 pm CISSC65722016 Page ...31 of 64 where SI Surender and other police staff met them. He further stated that they entered into the room and saw one dead body of female lying on the floor. He further stated that there was injury on her head and her head bitterly smashed and the blood was spilled on the floor and blood stains were also noticed on the wall and on other articles lying in the room. He deposed that he inspected the spot and directed photographer HC Baldan Singh to take the photographs of the place of occurrence and the photographer took the photographs. He further deposed that the Investigating Officer, SI Surender Singh lifted exhibits from the spot. He further stated that he noticed that one small almirah was lying in the room near the dead body, one chunni was lying there, some household articles were scattered in the room, one wooden danda and one small piece of the wooden leg were also lying in the room. He further stated that there were blood stains on the almirah. He brought on record the report, Ex.PW.23/A. During his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that they had remained at the place of incident till about 1.30 am and during that time, the higher officials had also reached the place of incident. He stated that after completing his work, he was standing to one side and no statement of witnesses were recorded in his presence. He stated that he had prepared the report and had immediately handed it over to the Investigating Officer the same night.
PW.24 is Dr. B.K. Mohapatra, Senior Scientific Officer I from the Biology Division, CFSL, Lodhi Road, New Delhi. He deposed that on 08.10.2015, he had received 27 sealed parcels. He examined the exhibits and submitted his report, Ex.PW.24/A. He also performed serological examination of the exhibits and submitted his CISSC65722016 Page ...32 of 64 report, Ex.PW.24/B. During his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that as per his reports Ex.PW24/A, the hairs Ex.21 and Ex.27 exhibited different microscopical characteristics, which implied that the two exhibits were not from the same individual.
PW.25 is Sh. Sandeep Monga, Senior Scientific Officer, Chemistry, RFSL, Chanakya Puri, New Delhi. He deposed that he was working in RFSL, Chanakya Puri as Senior Scientific Officer, Chemistry on 29.09.15. He deposed that on chemical, microscopic and TLC examination metallic poison, ethyl and methyl alcohol, cyanide, phosphide, alkaloids, barbiturates, tranquillizers and pesticides could not be detected in the exhibits 1A, 1B, 1C and 1D. He brought on record his report as Ex.PW.25/A. PW.26 is Ct. Ajit Kumar who had taken the sealed viscera box on the directions of the Investigating Officer to the RFSL, Yashwant Place, Chanakaya Puri. He deposed that he had deposited the same vide Road Certificate Ex.PW.17/A and had collected the receipt Ex.PW.17/B from the RFSL.
PW.27 is Dr. Asit Kumar Sikary, Assistant Professor, ESIC Medical College, Faridabad. He deposed that he was working in the AIIMS hospital in the department of Forensic Medicine as Senior Resident on 14.08.2015 and on that day, he had conducted postmortem on the body of Smt. Chando with the alleged history of the deceased being found in an unresponsive condition in a blood soaked state at about 8 pm on 13.08.15 and having been declared brought dead at 12.25 am by the Casualty, AIIMS Hospital. He deposed that the postmortem was conducted by hismself and Dr. Mantaran Singh Bakshi. He deposed CISSC65722016 Page ...33 of 64 that on examination, tuft of hair was present in the right hand with a tight grip, dried blood stains over the head and face, a crush injury was present over the forehead and the face over an area of about 14 cm X 14 cm which communicated fracture of the underline bone and the brain matter was exposed. He deposed that margins of the wound were irregular and contused and multiple fracture lines were radiating to the partial bones associated with haematoma and about 500 ml of fluid and clotted blood was present in the cranial cavity.
He deposed that a blueish coloured contusion of size 8 X 6 cm was present over the medial aspect of the left arm and a blueish coloured contusion of size 10 X 8 cm was present over the left shoulder and a blueish coloured contusion of size 2 X 2 cm was present over the anteromedial aspect of right leg. He further stated that the time since death was about one day and the cause of death was opined as shock due to craniocerebral injury caused by blunt external force sufficient to cause death in the ordinary course of nature and all the injuries were found to be antimortem in nature. He had brought on record the post mortem report, Ex.PW.27/A. During his crossexamination by Sh. Sanjiv Sharma, ld. LAC for accused Billu Ram, he stated that he had properly sealed the hair that was found gripped in the right hand of the deceased before handing over the same to the Investigating Officer. He further submitted as correct that the kind of crush injury as mentioned in the postmortem report could be caused due to a fall from height. He further stated that this kind of injury was possible in an accidental injury caused due to external blunt force.
PW.28 is SI Surender Singh who deposed that he was posted at Police Post Sanjay Colony, PSFatehpur Beri on 13.08.2015.
CISSC65722016 Page ...34 of 64 He too deposed to Smt. Sheela coming to the Police Post and informing that her daughter was lying in a pool of blood at her house E227, Sanjay Colony, Bhati Mines. He further stated that he reduced this information vide DD No. 14 PP, Ex. PW12/A and he along with HC Sanjay, Ct. Anil, Ct. Sube Singh and Ct. Rakesh along with Sheela and her niece Pooja went to the spot and found the room was locked from outside and the window of the room was partially open and he peeped through the window and saw a lady was lying in a pool of blood in the room.
He deposed that he tried to break the lock of the room, but the bolt along with latches came out and he entered the room and saw that one lady was lying in a pool of blood who was identified by Smt. Sheela as her daughter. He further deposed that the articles in the room were found scattered and there were blood stains on the walls and almirah and the head of the deceased was found severely injured. He stated that he recorded statement of Smt. Sheela who told him that the husband of Chando had murdered her daughter and fled away. He further deposed that two pieces of legs of cot and one red colour dupatta having blood stains were also lying in the room. A blue coloured cap and some confectionery articles were also lying on the cot.
He further deposed that he endorsed the statement of Smt. Sheela as Ex.PW.28/A and sent it through Ct. Subey Singh for registration of an FIR and he informed the senior police officials as well as the Crime Team. He deposed to the inspection of the spot by the crime team and taking of photographs of the place of incident. He deposed to having lifted various exhibits from the spot and seizing the same and sealing them with the seal of SS. He deposed to handing over the seal to HC Sanjay and preparing the handing over memo CISSC65722016 Page ...35 of 64 Ex.PW.22/B and having sent the dead body to the mortuary for preservation vide memo Ex.PW.28/C. He deposed to having searched for the accused in the locality but the accused was not traceable. He identified all the case property in the Court.
During his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that they had reached to the place of incident at about 8:15 pm and had finally left the spot at about 12 1.00 am. He deposed that there was a house in the south side direction of the room in which the deceased was lying. He also described the room. He had measured the Vyas/ diameter of the said wooden legs and denied the suggestion that Ex.P4 and P5 were not the wooden legs pieces mentioned in his statement under section 161 Cr.PC and the seizure memos. He denied that the exhibits had been manipulated and planted later on. He further submitted that no doctor was called at the place of incident to affirm whether Chando was dead at the time they had reached to the spot or not. He stated that he had not seen any movement of the body.
PW.29 is HC Santosh Kumar who deposed to the deposit of the various exhibits by Insp. Ajay Pratap Singh on 14.08.2015 vide various entries. He also deposed that as per record on 18.08.2015 Insp. Ajay Pratap Singh had deposited the articles of personal search of accused Billu Ram @ Pillu containing one black mobile phone make Lava, Rs.215/, bunch of keys (having four keys) which were kept apart for investigation purpose. He deposed that Insp. Ajay Pratap gave one sealed pullanda containing one key which was used by the accused to unlock the room where the wife of the accused was murdered.
In the crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that he admitted that CISSC65722016 Page ...36 of 64 he was not posted as MHCM on 13.08.15 and on 18.08.15 and had never seen the exhibits during his tenure when he was posted as MHCM in the PS Fatehpur Beri.
PW.30 is Dr. Subrat Kumar Chaudhary, Senior Scientific Officer, GradeII (Physics), CFSL, CBI, New Delhi. He deposed that he had analysed the different exhibits being the piece of wood, stone, scrapping material and submitted his report, Ex.PW.30/A, where he found the Ex.P4 & P5 were found to be different in origin, Ex.P6 & P7 were dissimilar, Ex.P8 & P9 were similar and Ex.P1 & P2 were also similar. He affirmed the same in his crossexamination.
PW.31 is Dr. Hemant Kumar Kanwar, Senior Resident, Department of Forensic Medicine & Toxicology, AIIMS, New Delhi who examined the weapon of offence and opined that the injuries mentioned in Postmortem report 954/2015 could be caused by the weapon placed before him and brought on record his opinion as Ex.PW31/A. He deposed that he had also drawn the sketch of the weapon which is Ex.PW31/B. In the crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that his opinion was not dated but explained that he had dated the sketch. He stated that the weapon of offence was a thapi (used for washing clothes). He stated that he had correctly mentioned its dimensions in his opinion & sketch Ex.PW31/A & B. He admitted as correct that as per his opinion, the kind of injuries mentioned in the Postmortem report cannot be exclusively and only be caused by the weapon of offence examined by him, as such kind of injury could be caused by any other weapon with similar dimensions and shape.
PW.32 is Ct. Arvind, who deposed to have collected two CISSC65722016 Page ...37 of 64 sealed pullandas on 27.10.17 on the directions of the SI Aditya from the Malkhana and was also handed over one letter by SI Aditya. He deposed to have taken the said pullandas to AIIMS hospital vide road certificate 169/21/17. No questions were asked from this witness in the crossexamination.
PW.33 is Inspector Ajay Pratap Singh who is the Investigating Officer and deposed to all the investigations that he had carried out in this case. He deposed to have recorded the statements of the witnesses examined in this case. He deposed to the receipt of the secret information on 17.08.2015 leading to the arrest of the accused near Jheel Khurd Border in the jungle. He also deposed to the recovery of the bunch of keys from the personal search of the accused. He also deposed to the fact that one key in the said bunch had opened the lock hanging on the door. He deposed regarding the disclosure statement made by the accused as well as the seizure of the clothes the accused was wearing at the time of his apprehension.
During his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he was examined on the dimensions of the room and the nature of the door. He further told that he had found the bolt broken and hanging. He stated that he had not seen the logs of wood which had already been sealed by the SI before he had reached the scene. He had also never measured the dimensions of the said logs of wood during the entire investigation. He stated that there were houses near the place of incident but those were located at some distance from the place of incident. He admitted as correct that during his entire investigation and recording of statements of witnesses, none of the witnesses deposed that he had heard any sound of any quarrel or beating of any person from the room.
CISSC65722016 Page ...38 of 64 He deposed that he had recorded the statement of Laddu Dass at the PS and that he had called Laddu Dass to the PS by making a phone call to him himself. He admitted as correct that no police officials were sent at the Math of Laddu Dass at any point of time. He further stated that during investigations, there was no evidence that the deceased was having an affair with any person and explained that it was told to him that the accused suspected the deceased of illicit relationship. He deposed that he had not noticed that the deceased had clasped hairs in her hand and he was not able to say that as per the FSL report the hairs found in the hands of the deceased and the hairs of the accused were found of different origin. He denied that the suggestion that at the instance of the complainant and the family, in order to shield the actual culprit, the accused had been falsely implicated in this case without any kind of incriminating evidence.
PW.34 is Inspector Mahesh Kumar, Draughtsman who prepared the scaled site plan Ex.PW.33/D of the place of crime i.e. H.No. E227, Bhati Mines, Fathepur Beri. During his crossexamination by Sh. Sanjiv Sharma, ld. Legal Aid Counsel for the accused Billu Ram, he stated that he had found that the door of the property was open and there was one big room and latrine bathroom in the said room and there were houses constructed near the property.
PW.35 is SI Aditya Singh who filed the supplementary chargesheet after collection of the FSL report.
STATEMENT OF THE ACCUSED All this incriminating evidence was put to the accused for his statement U/s 313 Cr.PC.
According to the accused, he was not in Delhi at the time CISSC65722016 Page ...39 of 64 of the alleged incident. Further, he admitted that he along with Chando Devi and his children used to reside with PW.7, Smt. Sheela but the fact that this was not on account of his illtreatment of Chando. He denied that he used to quarrel with Chando under the influence of liquor and drugs and used to beat her and threaten her that he would kill her. He admitted as correct that Smt. Chando used to hawk confectioneries on a charpai outside the school to earn her livelihood and she had a house bearing H.No. E227, Sanjay Colony where she stored all her goods. He claimed that he never wore caps and that the blue cap did not belong to him as he used a towel.
He claimed that he had not gone to the Math of PW3 Sh.
Laddu Das. He claimed that he did not even know who Laddu Dass was and had heard his name for the first time when his statement U/s 313 Cr.PC was being recorded. He claimed that he had no suspicion on the character of Smt. Chando Devi with whom he had been married for 20 years. He further claimed that he had not been apprehended from the jungle as per the police case as he had come to the bus stand of his village from work and the police had apprehended him.
He further claimed that he was not in possession of any bunch of keys as all keys were in possession of his wife as he used to go for work. He further claimed that he had been arrested by the police but he had not given any disclosure statement to them. He denied that his clothes had been seized by the police and claimed that he did not know from where the clothes had been seized. He claimed that he was innocent. He claimed that till date, he did not know how this incident had occurred.
The accused claimed that he had been taking care of his young children who were studying and his entire concern was to earn to CISSC65722016 Page ...40 of 64 take care of his three children and his wife for which he used to do manual work. He claimed that he had built a room with facilities only for them and out of his earnings. He claimed that his wife had some breathing problem for which he used to bring medicine for her. He further claimed that he had also taken care of the medical needs of his son as he used to suffer from Fits. He denied having ever taken drugs or liquor. He claimed that he believed in the Kabir Panth which prohibited consumption of liquor and drugs and emphasised on simple living and working hard for a living. He claimed that he was not present at the time of incident being away for work and when he returned the police apprehended him and accused him falsely of having killed his wife.
DEFENCE EVIDENCE The accused examined two witnesses in his defence. DW.1 is Sh. Surju Lal who is the elder brother of the accused. He deposed that 23 days prior to the death of his wife, his brother Billu Ram had gone for some labour work outside Delhi and had not returned till that time. He stated that the accused Billu Ram had returned 23 days after the incident and the accused Billu Ram was not otherwise employed except as manual labourer. He claimed that the accused Billu Ram did not sell confectionery outside the Govt. School, Bhati Mines and during the life time of his wife also, accused Billu Ram was a labourer. He claimed that the accused Billu Ram never used to go to the place where his wife used to sell confectioneries. He claimed that E227, Sanjay Colony, Bhati Mines, New Delhi74 was one plot which belonged to his father and he along with the accused had constructed their houses in the same plot number, thus having the same number. However, they have separate the boundary walls.
He was crossexamined by Sh. Salim Khan, Ld. Additional CISSC65722016 Page ...41 of 64 Public Prosecutor for the State. He deposed that E227 is one plot and the three brothers had partitioned it. He denied that for a month prior to the incident the accused was residing in his in laws house at D211, Sanjay Colony. He further denied that the accused was present in Sanjay Colony at the time of the death of his wife or that the witnesses have deposed to his presence in the vicinity. He denied the suggestion that after committing murder, the accused Billu Ram confessed his guilt to PW.3 Ladu Dass. He claimed that PW Sunil had falsely deposed that his brother, the accused, had suspected him of having an affair with his sister in law Chando as a Mausi is not seen that way and further, though he was the elder brother, neither Chando nor her mother had complained to him about such suspicion. He denied that he was deposing falsely being the real brother of accused to save him and being an interested witness.
DW.2 is Manoj who deposed that the accused Billu Ram was his uncle (chacha). He deposed that his house was near the house of the accused Billu Ram. He deposed that the accused Billu Ram was working as a labourer on daily wages basis and that the accused Billu Ram had gone out of station for his work at the time of death of his wife and had returned home after two / three days from the death of his wife. According to him, the accused Billu Ram and his wife were living happily with each other and as per his knowledge there was no kind of dispute between them and neither had he seen them quarrelling at any point of time.
During his crossexamination by Sh. Salim Khan, Ld. Additional Public Prosecutor for the State, he stated that he was a labourer and the accused Billu was also a casual labourer. He denied that the accused Billu was very much present in Delhi at the time of CISSC65722016 Page ...42 of 64 incident i.e. 13.08.15 and he had not gone to some other place outside of Delhi for doing his casual job. He stated that he used to meet the accused Billu Ram at different intervals, sometimes he used to meet the accused in two days, five days and some times in 15 days. He denied the suggestion that the accused did not treat his wife well and used to torture her.
He admitted knowing witness Sunil as being the son of the sister in law of accused Billu. He denied the suggestion that accused Billu Ram doubted the character of his wife and doubted that his wife had an illicit relationship with Sunil and it was under such doubt that he committed the murder of his wife. According to him, the deceased was of exemplary character and was known for it in the locality and in the community and he had never heard a word against her character in all his life.
He further stated that he had returned from work around 6 7 pm and had found many policemen at the house of the accused and learnt of the death of the wife of the accused. He denied the suggestion that the accused after committing the murder of his wife fled away to a Baba namely Laddo Dass where the accused had disclosed that he had committed murder of his wife. He was not aware whether a bunch of keys was recovered from the accused upon his apprehension and the lock of the room could be opened with the aid of one of the keys from the bunch. He denied the suggestion that he had come to the court to depose in favour of the accused as he was his uncle.
ARGUMENTS Ld. APP for the State submitted that the case hinged on circumstantial evidence and the motive for the murder was the suspicion of the accused about his wife's fidelity. Ld. APP for the State submitted CISSC65722016 Page ...43 of 64 that the prosecution had proved all the links in the chain to prove that none other than the accused could have murdered Chando. Ld. APP for the State submitted that PW.1 is the witness for the last seen evidence as he had seen the accused in the company of his wife on 13.08.2015 at 4.30 pm when they had left together. The murder had taken place between 5.30 pm to 8 pm. PW.2 Shri Sri Chand was the witness of recovery of the bunch of keys from the accused that was recovered. It was the key that was recovered from that bunch that opened the lock which showed that the accused had himself locked the house from outside after committing murder.
PW.3 proved the extra judicial confession. The children PW.5 and PW.6 deposed to the conduct of the accused who was their father and how he used to threaten their mother with death. Ld. APP for the State submitted that the children had no animosity towards their father. It is further submitted that the testimony of PW.5, the daughter of the accused and PW.7, the mother of the deceased would show that the house was locked from outside and in the attempt to break open the lock the latch had broken. These facts also prove that the accused had locked the door from outside after the offence had been committed. Ld. APP for the State submitted that PW.7 and the other witnesses from the police had proved that the wooden leg of the charpai had been used as a weapon of offence which was broken into two pieces due to force and impact and for the same reason a piece of the skull of the deceased had also fallen away, thus showing the brutality of the act of the accused.
The blood of the deceased was found on the wooden pieces as well as the cap belonging to the accused. Though the jeans worn by the accused also had some blood, but in the absence of any explanation as to how human blood had come on his clothes, the fact CISSC65722016 Page ...44 of 64 that the blood group could not be determined was not material. It was submitted that the FSL report no doubt did not find the hair in the hands of the deceased as belonging to the accused but submitted that the fact that it belonged to the deceased herself would show her agony. This also established the brutal manner in which the accused had killed his wife. PW.10 Sunil had deposed to the accused having suspected him of having an affair with his wife.
Thus, Ld. APP for the State submitted that all the circumstances had been proved, namely, that the accused suspected the character of his wife; that the accused used to beat and threaten his wife that he would kill her; the deceased was found murdered in a room which was locked from outside, which proved that the murder had been committed in the same place where the body was found and which room belonged to the accused and the deceased; that the conduct of the accused was significant as he had fled away from the place; the cap of the accused was found in the room blood stained and so was his clothes for which he had no explanation; the weapons of offence were also duly proved and no enmity with any person has been shown. Thus, the Ld. APP for the State submitted that the accused was liable to be convicted.
On the other hand, Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused submitted that there was no eye witness to the alleged offence. Moreover, none of the circumstances showed the involvement of the accused in the death of his wife. According to the Ld. Legal Aid Counsel, if the cap of the accused was found in his own house, it would not be a suspicious fact. Further, there was no proof to show that there was any dispute over the property as the evidence proved that the property belonged to the accused and not to the deceased. The Ld. Legal Aid Counsel submitted that PW.16 had CISSC65722016 Page ...45 of 64 himself deposed that the accused was a labourer and that the testimony of PW.16 established the defence of the accused that he was not selling confectioneries with his wife and was a labourer and was not infact in Delhi on the date of the alleged incident as he had not seen the accused to go to work that day.
Further, the Ld. Legal Aid Counsel pointed out that the witnesses were at variance as to the number of cots as some said the confectioneries were sold on two cots but only one cot was recovered from the room. Further, PW.3 was not a reliable witness as he had never met the accused before the incident and had never visited Delhi and had identified the accused for the first time in the Court and thus, contradicted his own statement U/s 161 Cr.PC. The Ld. Legal Aid Counsel pointed out that the witness claimed that the police had gone to the Math but the Investigating Officer claimed that the PW.3 had been called to the police station. Moreover, he has given his age as 38 years but claimed to have been Mahant of the Math for 25 years. Further, why did the PW.3 not report the crime if the same confession had been made to him. Therefore, the entire testimony of PW.3 was liable to be rejected.
The Ld. Legal Aid Counsel pointed out that the PW.1 was a hostile witness and in any case did not state that both the accused and the deceased had gone to the same house. Moreover, the presence of PW.2 Sh. Sri Chand at the time of arrest of the accused was doubtful. The witness did not specifically depose that the key which were recovered from the accused had infact been used to open the lock of the door. The witness had deposed that the recoveries were effected before he had reached the place of arrest of the accused and therefore, his entire testimony was hearsay and was liable to be rejected.
CISSC65722016 Page ...46 of 64 The Ld. Legal Aid Counsel pointed out that if the murder had taken place in the room where the body was found, it was surprising that not even the defence witnesses had heard any screams from the said house if the deceased was being beaten so viciously. Therefore, the death had occurred at some other place and in view of the fact that the doctors did not rule out similar injuries on fall from a height, it could be said with no certainty that Chando was killed in E227. Further, the medical evidence is that a piece of a skull was found missing but it was not found in the room.
It was submitted that the witnesses have been planted to suggest the presence of the accused and therefore, the PW.8 and PW.9 were the witnesses whose testimony cannot help the prosecution. Similarly, the PW.4 has completely denied the prosecution's case and is, therefore, not useful to the prosecution. Even, PW.10 Sunil was not reliable as initially he denied everything and then on a leading question claimed that the accused was suspicious of his relationship with his aunt. The Ld. Legal Aid Counsel has also submitted that there was no proof that hairs found in the clutches of the deceased belonged to her and it clearly suggested the presence of some other person who was responsible for the death of Chando. Thus, the Ld. Legal Aid Counsel submitted that the investigations were not properly conducted to determine whether Chando was killed somewhere else or had died from a fall or who was responsible for her death.
The Ld. Legal Aid Counsel has also submitted that the alleged weapon of offence was itself doubtful as PW.28 gave the dimensions of the wood of 6 inches as recorded in the recovery memo but the piece of wood that was produced in the Court did not have any such dimensions. PW.31 described the weapon of offence as a thapi and CISSC65722016 Page ...47 of 64 not a broken leg of a cot. Moreover, PW.31 opined that weapon produced for his opinion alone may not have caused the injuries as any weapon of similar dimensions could have resulted in the injuries. The Investigating Officer, PW.34 had never seen the weapon of offence. In the light of these contradictions, it was clear that there were great lapses in the investigations and the accused had been falsely implicated in this case for closure of the case. Hence, it was prayed that the accused be acquitted.
However, Ld. APP for the State submitted that the place of murder being E227 was not disputed and the door was found locked from outside and as deposed to by all the witnesses who had reached the place of occurrence not far removed from the place of occurrence. Moreover, the accused was arrested on 17.04.2015 after four days of the death and therefore, his conduct was significant. No complaint was lodged by the accused that his wife had been murdered or was missing. The keys recovered from his possession alone opened the lock found on the door. The last seen evidence is significant. The clothes worn by the accused on the date of his arrest had blood stains for which there was no explanation offered by the accused. The submission of the defence that Sunil would have killed the accused was liable to be rejected as Sunil would have killed his wife rather than his alleged paramour if there was some truth in the suspicion of the accused that PW.10 Sunil was having an affair with the deceased.
Ld. APP for the State has also submitted that there was no evidence produced as to where the accused was working at the relevant time and his bald statement U/s 313 Cr.PC could not be believed. However, the accused had not answered the questions put to him U/s 313 Cr.PC which had to be read against him as held by the Hon'ble CISSC65722016 Page ...48 of 64 Supreme Court in the case titled Sidharth Vashisht @ Manu Sharma Vs. State in the Crl. Appeal No.179 of 2007. Ld. APP for the State also pointed out that the FSL report had clearly established that the hair found in the clutches of the deceased was her own and therefore, there was nothing to argue that there was some other person involved in the death of Chando or that the investigations had been faulty. Thus, the Ld. APP for the State reiterated that the case called for the conviction of the accused for the murder of his wife Chando.
I have heard the submissions of Sh. Salim Khan, Ld. Additional Public Prosecutor for the State and Sh. Sanjiv Sharma, Ld. Legal Aid Counsel for the accused and have gone through the evidence that has come on the record.
DISCUSSION The accused and the deceased were husband and wife. The witnesses have testified to the relations between the two being strained. The prosecution has examined four witnesses to show that the relationship between the deceased and the accused was strained on account of the conduct of the accused. These witnesses are the children of the accused, the mother of the deceased being mother in law of the accused and the nephew of the deceased i.e. her sister's son. No doubt, these witnesses are the family members of the deceased but that fact will not detract from the worth of their testimony as they are also related to the accused.
No cause has been shown to believe that PW.5 Pooja and PW.6 Yogesh had any illfeeling towards the accused to testify against him in the court. Pooja was 14 years when she was examined on 11.01.2017 and was, therefore, around 1213 years of age at the time of the murder of her mother. She stated that her father under the influence CISSC65722016 Page ...49 of 64 of liquor and cigarette used to quarrel with her mother and used to threaten to kill her. During the crossexamination, she stated that the reasons for her parents' quarrel was that the property no.E227 which her father wanted to sell and which idea was opposed by her mother.
Similarly, Yogesh who was 17 years at the time of his deposition on 11.01.2017 and about 15 years old when his mother was killed, deposed that his father used to treat his mother very badly and used to threaten to kill her. During his crossexamination, he stated that his father was unemployed since the instance of threatening of his mother. He also stated that his grand mother had complained to the police when his father had threatened his mother.
From the examination and crossexamination of these two witnesses, it is clear that the accused used to quarrel with the deceased:
as far as the daughter knew, the reason for the quarrel was her father being under the influence of liquor and his desire to sell the property no. E227 which was opposed by her mother. As far as PW.6 is concerned, he stated that his father was not employed and was given to drug addiction and used to beat his mother badly and threaten to kill her. From the testimony of these two witnesses, the prosecution has established that the relations between the deceased and the accused were strained and that the accused used to physically assault the deceased.
PW.7 Smt. Sheela is an adult and therefore, it could be assumed that she had better information. She deposed that the accused Billu Ram used to give beatings to her daughter Chando and used to threaten her daughter that he would kill her. It is an admitted fact even by the accused, that he and Chando with their children had shifted to the house of PW.7 about seven months prior to the death of Chando. Ofcourse, the accused has denied that this was on account of his ill CISSC65722016 Page ...50 of 64 treatment of Chando, but that denial is only to be expected. PW.7 has testified that due to the illtreatment, she had brought her daughter and the children to her house where they lived for about seven months.
It is a significant fact to note that when the mother PW.7 found her daughter lying in a pool of blood, her instantaneous response was to accuse the accused Billu Ram of having murdered Chando. The accused Billu Ram was nowhere to be found at the time of discovery of the body. Human nature being as it is, it is the uppermost fear that finds expression in the mind of a mother when such an incident occurs. Her accusation of her son in law Billu Ram having killed her daughter flows naturally from having seen the accused beating her daughter Chando. She thought of no one else. PW.7 was questioned and in the cross examination she affirmed as correct that the accused Billu Ram had also started residing with her when she had brought Chando and her children to her house. The conduct of the accused alone would have given rise to this fear in the mind of PW.7 that the accused Billu Ram had taken the life of her daughter and therefore, she expressed that suspicion to all the policemen who have come before this Court to testify and who came to investigate and reached the spot immediately after the murder namely Ct. Subey Singh (PW.16), Ct. Anil (PW.18), ASI Sanjay Kumar (PW.21), SI Surender (PW.28) and Insp. Ajay Pratap Singh (PW.33).
PW.7 Smt. Sheela deposed that the accused Billu Ram was addicted to intoxicants and would not remain in his senses and that it was correct that the accused was also suspicious of the character of her daughter. Infact, during her crossexamination, the questions were specifically put regarding the alleged illicit relationship between Sunil and her daughter which she denied. Rather, she accused Billu Ram of making false allegations against her daughter. Further, this witness in CISSC65722016 Page ...51 of 64 the crossexamination admitted that she had made two complaints previously when the accused had beaten her daughter, thus supporting the statement of PW.6 Yogesh that his grand mother had reported to the police when his mother was beaten by his father. Ofcourse, both the witnesses have stated that they had not mentioned this fact in their statements to the police but that would not make it an embellishment as these facts have come out during crossexamination of the two witnesses.
PW.7 Smt. Sheela further disclosed in her cross examination that the accused Billu Ram had not told her about his suspicion of the illicit relationship between Sunil and her daughter and therefore, she had no occasion to reason with him. She learnt of the fact that the accused was casting doubt on her daughter's character only after the murder. It is, thus, clear that the accused kept his suspicion to himself and therefore, a young child of 12 or 13 years of age would certainly not have known or understood these thoughts of her father, the accused. Therefore, merely because the child PW.5 deposed in the Court that the quarrels between her parents were because her father wanted to sell the property and her mother opposed it, it would not nullify the evidence regarding the motive of the accused. Infact the very case of the accused is that the deceased had an affair with her nephew.
Sunil has been examined as PW.10. He also deposed that the accused used to quarrel with his Mausi. He tried to avoid answering the questions probably due to embarrassment but did admit that the accused used to suspect him and his Mausi and that on the date of the incident, in the morning when he was talking to his Mausi in a normal way the accused was looking uncomfortable and staring at them. He denied the suggestion in his crossexamination that he had close CISSC65722016 Page ...52 of 64 relationship with his Mausi.
DW.1 Sh. Surju Lal is the brother of the accused. In his crossexamination, he claimed that PW Sunil had falsely deposed that the accused had suspected him of having an affair with his sister in law Chando as a Mausi is not seen that way and further though as elder brother, neither Chando nor her mother had complained to him about such suspicion. This would again show that the accused kept his suspicion himself as the mother of the deceased has herself deposed that she came to know about the suspicion only after the murder. From the testimony of DW.2, it is clear that the deceased was a woman of exemplary conduct and was well respected. In that event, the accused had certainly no justification to be suspicious of his wife's conduct.
Thus, the prosecution has established that the relationship between the accused and the deceased was very strained on account of the fact that the accused suspected the fidelity of his wife and used to physically assault her and was given to taking alcohol and drugs and being under its influence. Though motive is not a necessary ingredient of the offence of murder, the prosecution has succeeded in pointing out a motive for the murder of Smt. Chando Devi which stems from the accused. No fact has been brought on record to show that any other person harboured illwill towards Smt. Chando Devi and quite the contrary has been proved by DW.2 Manoj. According to him, there was no one who did not like Smt. Chando Devi.
The Ld. Legal Aid Counsel sought to question the prosecution story that both, the husband and the wife used to sell confectioneries together. The finding of only one cot in the room where the body was found, according to the Ld. Legal Aid Counsel falsified the witnesses who claimed that there were two cots on which CISSC65722016 Page ...53 of 64 confectioneries were sold. PW.1 Dharamvir used the word 'charpais'. PW.4 Smt. Asha Devi stated that Chando Devi used to to put up her shop "on the Khat" and the husband of Smt. Chando Devi also used to put up his Charpai / Khat along with his wife Chando Devi. PW.5 Pooja, the daughter of the deceased and the accused stated in the cross examination that her parents used two separate charpaies to sell confectioneries. However, PW.6 Yogesh stated that his father used to sit along side his mother when she used to sell confectioneries in front of the school in Sanjay Colony. PW.7 Smt. Sheela deposed that her daughter used to hawk confectioneries on a charpai outside the school. Thus, nothing much needs to be placed on this statement that the accused was also selling confectioneries on one or two charpais.
The fact that has been proved from the testimonies of the witnesses is simple. They are all consistent in their statements that the deceased used to sell confectioneries on a cot outside the government school in the Sanjay Colony. Further, it is apparent from the discovery of the cot and the confectioneries in the room of House No. E227, Sanjay Colony that the confectionery articles used to be stored in that room. PW.7 Smt. Sheela has stated so as these confectioneries were never brought to her house. The accused in his statement U/s 313 Cr.PC has also admitted that confectioneries used to be stored in the house no. E227.
PW.1 was examined as the last seen witness. He did not fully support the prosecution's case that he had seen the accused and the deceased go to E227 specifically. In his crossexamination by the Ld. Additional Public Prosecutor for the State, he admitted however, that on 13.08.2015, the accused and his wife had at about 4.30 pm taken all their articles and had gone to their house at E227. Though in his cross CISSC65722016 Page ...54 of 64 examination, he claimed that he had seen the accused Billu Ram @ Pillu and his wife going together with their articles in the evening in front of his shop and he did not know where they had gone thereafter as he has not been to their house, the fact established from this testimony is that the accused had accompanied the deceased when they wound up their sales outside the school. Nobody else was seen accompanying them.
Further, when the murder was discovered, the cot was in the room and so were the confectionery items. Therefore, there can be no doubt PW.1 had last seen the accused and the deceased together. It was for the accused to have explained what happened after they had left for their home E227 after winding up their shop outside the school. The onus was on the accused to prove that he had left the deceased alive and well which he has been unable to establish.
Coming to the claim of the accused that he was not in Delhi at the time of the alleged incident, suffice it to note that neither the accused nor his witnesses DW.1 Surju Lal and DW.2 Manoj have disclosed where exactly the accused was if he was not in Delhi at the time of the murder. Even when the accused had an opportunity to explain U/s 313 Cr.PC, he has failed to disclose the name of the place he had gone for work. No details of the work performed or the place of employment are forthcoming, which would lead to the inference that this was only a spacious plea taken to meet the other evidence that has been brought on the record which established the presence of the accused in Delhi at the time of the incident.
PW.1 has categorically deposed that on 13.08.2015 "also" the accused Billu Ram and Smt. Chando had come as usual at 8.30 am in front of his shop by placing their charpaies and that they closed their shops around 4.30 pm or 5 pm. No suggestion was made to this witness CISSC65722016 Page ...55 of 64 that the accused did not sell confectioneries with his wife or that he was a labourer or that he was not in Delhi on 13.08.2015. During his cross examination, this witness reaffirmed that he had seen the accused Billu Ram and his wife going together with their articles in the evening in front of his shop. Apart from this witness, the prosecution has examined PW.4 to show that the accused and his wife had put up their shops on 13.08.2015 also. However, this witness appears to be not a very credible witness. Her testimony requires close scrutiny. She claimed that no one had put shops on 13.08.2015 when it was learnt that Chando Devi had been killed. There seems to be a clear mistake in her understanding in as much as the death of Chando Devi was discovered around 8 pm on 13.08.2015. In other words, her claim that she had last seen Chando Devi and her husband on 12.08.2015 after they had closed their shops can be read firstly, to show that both the husband and the wife used to sell confectioneries outside the school and secondly that the date of 12th was a mistake in view of the fact that on 13.08.2015 the death of Chando Devi was discovered only at 8 pm and therefore, what the witnesses deposed to as relating to 12.08.2015 actually referred to an event on 13.08.2015. In other words, on 13.08.2015 also the two of them had opened their shops and she had last seen Chando Devi and her husband not on 12.08.2015 but on 13.08.2015 after she closed her shop at 4.15 pm and so had Chando Devi and her husband. Therefore, her testimony need not be rejected in totality.
Similarly, the prosecution has examined PW.8 Smt. Maharani and PW.9 Ali Chand in order to show that the accused was in Delhi and was seen going somewhere immediately after the crime. PW.8 Smt. Maharani, no doubt, had to be crossexamined before she admitted that on 13.08.2015, the accused had gone in front of her shop CISSC65722016 Page ...56 of 64 without wishing "RamRam" as was his usual habit. Due to illiteracy, she was unable to state when examined on 12.01.2017 that it was on 13.08.2015 at about 5 or 5.30 pm that the accused had passed by her shop. However, during her crossexamination by the Ld. Legal Aid Counsel, she claimed that she came to know of the death of Chando from the police when they visited her for enquiry either on the same day or the following day of the event. It is natural that she would have recalled that the accused had passed by her shop if she had been examined by the police either on the date of discovery of the death i.e. 13.08.2015 or the following day of the event i.e. 14.08.2015. The date of her statement U/s 161 Cr.PC is 14.08.2015. Infact when the Ld. APP for the State read over the statement U/s 161 Cr.PC dated 14.08.2015 to the witness, she admitted that she had told the police that the accused had passed in front of her shop without wishing her. Thus, from her testimony, it is clear that the accused was in Delhi on 13.08.2015 and had been seen by PW.4 when the accused was passing by her shop and not adhering to his usual affable manner of greeting the witness PW.8 Smt. Maharani while passing by.
Similarly, PW.9 Ali Chand also stated that he had seen the accused going towards the jungle, when it was the evening hour. In the crossexamination, he had asserted that he had seen the accused. The accused was well known to him as PW.9 claimed that the accused belonged to his biradari. On the date of the incident, the police had come to PW.9 to make enquiries and he had told that the accused had passed by quickly without wishing the witness. From this testimony also, it is clear that the accused was very much in Delhi on the date of incident. Though PW.8 and PW.9 had stated that they had not noticed anything abnormal in the conduct of the accused, the very fact that the CISSC65722016 Page ...57 of 64 accused deviated from his normal behaviour of wishing people he knew, would itself indicate that the accused did not wish attract any attention to himself while he was quickly passing by in the evening of 13.08.2015.
The presence of the accused has fully been established through the testimony of these witnesses. Therefore, it was incumbent upon the accused to have explained what happened after PW.1 and PW.4, despite her attempt to obfuscation, had seen the accused and the deceased go home together with their belongings i.e. the cot and confectionery articles. Rather the very fact that the accused was nowhere to be found in Delhi till he was apprehended on 17.08.2015 reflects a guilt ridden behaviour.
Though the other witnesses had not noticed what were the clothes worn by the accused, PW.7 his mother in law, correctly identified the cap Ex.P3 found in the room as belonging to the accused. PW.9 deposed that the accused Billu Ram was wearing a Tshirt and pant when he was passing by his shop on the date of the incident. PW.16 Ct. Subey Singh has testified to the recovery of this cap from near the body of the deceased having blood stains and explained that he had seen the accused often wearing the cap and could also identify the cap as it was slightly torn from the top. While the Ld. Legal Aid Counsel for the accused sought to rely on the testimony of this witness to show that the accused was a labourer and was not selling confectioneries, he would prefer that the Court ignore the statement made by the same witness that on the date of the incident, he had not seen him go for work. Merely because he had seen the accused going for work a few days prior to the incident, around 8.30 am or 9 am, no presumption can be raised that on the date of incident, the accused was CISSC65722016 Page ...58 of 64 not in Delhi as the other witnesses who have nothing against the accused, have duly testified to his presence in Delhi on that day.
That the murder took place in the room of the House No. E227 does not appear to be under doubt. No doubt, the Ld. Legal Aid Counsel had questioned the doctor about the possibility of the injury having been sustained by the deceased by falling from a height. But it was also necessary that such a possible place be pointed out or brought before the Court by questioning the witnesses of the neighbourhood. Therefore, the mere opinion of the doctor that the injury was possible through fall from a height would in no way cast any doubt on the version of the prosecution that the deceased was bludgeoned to death in E227, Sanjay Colony. That the death was due to the injury and the weapon could cause the injury have been established by the doctors themselves. A piece of the skull was found missing. The body of the deceased was removed from the room and taken to the mortuary and that the piece of skull could have been lost during such shifting. The absence of a piece of skull at the time of postmortem cannot also lead to any conclusion that the deceased met her death elsewhere.
Also it begs the question as to why the body which was so badly injured would have been shifted and the further question as to how in broad day light such a shifting was made possible, that too without leaving any telltale signs. The Ld. Legal Aid Counsel raised a point that no one from the neighbourhood had even told the Investigating Officer that they had heard some shouts or screams from the room which was 10 X 10 feet with tin sheet roofing. But this would overlook the fact that the immediate neighbours were the brothers of the accused and their family members and in the light of the testimony of the children of the accused and the deceased and PW.7, the mother of the deceased that the CISSC65722016 Page ...59 of 64 accused was prone to assaulting his wife, the absence of any response from the brothers and their family members cannot lead to any inference that no murder took place at E227, Sanjay Colony. Even if some shouts had been heard by them, they could have assumed it to be another bout of violence of the accused on his wife without apprehending that this time, it was fatal. Thus, nothing much can be pegged on the absence of any witness telling the Investigating Officer that they had not heard any sound from the room.
Once it is clear that the murder took place at E227, Sanjay Colony, the other important fact to be noticed as deposed to by PW.5 and PW.7 and the other police witnesses namely PW.16 Ct. Subey Singh, PW.18 Ct. Anil, PW.21 ASI Sanjay Kumar and PW.28 SI Surender Singh who responded to the cry for help of PW.7 Smt. Sheela that when they had reached at E227, Sanjay Colony immediately on discovery of the offence by PW.7, the room was locked from outside. The perpetrator of the crime locked the premises and left. The fact that the same evening the accused was found going away rapidly by PW.8 Maharani and PW.9 Ali Chand are the circumstances which lead to the conclusion that after the commission of the crime, the accused locked the room and fled from Delhi.
PW.3 Laddu Dass has deposed that the accused had come to his Math at District Vaishali, Village Manua Moth, PS Hajipur, Bihar. In his statement U/s 313 Cr.PC, the accused claimed that he had heard the name of Laddu Dass (PW.3) only that day. While it is no doubt true that the denial by the accused in his statement U/s 313 Cr.PC cannot substitute for proof by the prosecution, the denial is nevertheless significant in as much as the police were put on notice of the existence of PW.3 Laddu Dass only through the disclosure statement of the CISSC65722016 Page ...60 of 64 accused that since 13.08.2015 and prior to the date of his apprehension i.e. 17.08.2015, he had gone to Bihar to the Math of Laddu Dass.
Upon his apprehension, a bunch of keys was recovered from the possession of the accused, one of which opened the lock. PW.2 Sh. Sri Chand no doubt gave a vague statement about the recovery and the unlocking of the lock with the key recovered from the accused but his testimony cannot be rejected completely. PW.2 claimed that he had come after the accused was apprehended which is what the Investigating Officer has also deposed to. The bunch of keys was recovered from the pocket of the accused as testified by PW.2 in his examination in chief. He identified the bunch of keys produced before him in the Court as Ex.P1 (1 to 4). He identified the lock as Ex.P2. From the testimony of PW.2, it is clear that the accused was not arrested from the bus stand as he claimed but from near Mangar Village, Jaunapur at Faridabad Road from the jungle near Jheel Khurd, Border on 17.08.2015. The witness PW.2 testified that from the police station, he had been taken along with the accused by the police to E227, Sanjay Colony, Bhati Mines and in his presence the lock was opened. Though he claimed that he had not noticed which key was used because it was dark, subsequently in his deposition, the witness has admitted that the bunch of keys out of which one had opened the lock had infact been recovered from the possession of the accused. This is another link in the chain of circumstantial evidence that pins the accused.
PW.3 Laddu Dass had deposed to extra judicial confession made by the accused to him that the accused had murdered his wife as she was characterless. There is no reason why the witness would come from Bihar being a Mahant to depose against the accused. No fact has been highlighted by the defence to establish PW.3 as a stock witness of CISSC65722016 Page ...61 of 64 the police to discredit him. It may be true that the Mahant had not seen the accused except when the accused had gone to his Math but the capacity of a Mahant to remember the face in extra ordinary circumstances need not be doubted. The Investigating Officer had claimed that he had phoned to call the witness to Delhi. PW.3 initially stated in his crossexamination that he had never come to Delhi but he also deposed thereafter that the police had called him once to Delhi in relation to this case but he could not recall the date and it was perhaps one or two months after the visit of the accused Billu Ram to his Math. He has also stated that the police had recorded his statement at Delhi. These facts have been corroborated by the Investigating Officer. Thus, some minor discrepancies would not render the testimony of PW.3 as false. No doubt, PW.3 had not informed the local police about such a confession. That fact also, given the background of the PW.3 would not tantamount to extra ordinary behaviour rather to discredit the witness.
Finally, the testimony of the FSL experts would show that the clothes of the accused were stained with the blood of the deceased. The presence of the cap in the room which was admittedly in the house of the accused and his deceased wife Chando, may not by itself be extra ordinary, but the accused was found to be in blood stained clothes when he was arrested and his clothes seized. The force with which the deceased was struck splattered her blood on the almirah and the other articles in the room and it is but natural that some of it splashed on the clothes of the accused. Even going by the claim of the accused, if he had been out of Delhi from before the incident and was apprehended on his return to Delhi, it is indeed strange that the blood of his wife would have been found on his clothes. The only explanation is that he had killed his wife and in the process his clothes were blood stained having CISSC65722016 Page ...62 of 64 left the house without any change of clothes and again probably since he was living in his mother in law's house, in the absence of the clothes being readily available to change, the accused left Delhi in blood stained clothes and on his return on 17.08.2015 was found in blood stained clothes upon his apprehension, having had no opportunity to change them with any fresh clothes for that many days.
Thus, all the links in the chain have been proved by the prosecution inexorably pointing to the guilt of the accused and the accused alone. The character of the deceased was excellent according to the defence's own witnesses. Yet the prosecution witnesses have deposed to the accused quarrelling with his wife may be for various reasons such as being addicted to alcohol and drugs, because of unemployment, because of a desire to dispose of property and primarily because the accused suspected the character and fidelity of his wife, which led him to commit the abhorant act. The accused clearly intended to result of his action. The brutal force used chipped of a portion of the skull of the deceased exposing her brain matter. The weapon of offence whether described as charpai or leg and on which again, blood of the deceased was found through the scientific analysis, had broken into two pieces. The deceased had other antemortem injuries on her shoulder, arms and leg. The confectioneries were strewn around. The deceased died pulling out her own hair, disclosing that she died in great agony. It would also show that the accused showed no mercy in repeatedly beating the deceased with great force. An ordinary mind understands that such forcible blows on the head would lead to death.
Thus the prosecution has proved the charge against the accused that the accused Billu Ram had inflicted injuries on the deceased with the intent to cause her death and thereby committed CISSC65722016 Page ...63 of 64 culpable homicide amounting to murder. The accused is, therefore, found guilty of the offence punishable U/s 302 IPC and is, accordingly convicted thereunder.
Announced in open Court (ASHA MENON )
today on 28.11.2018 District & Sessions Judge (South)
Saket/New Delhi.
Digitally
signed by
ASHA
ASHA MENON
MENON Date:
2018.11.30
16:01:29
+0530
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