Pramod Kumar @ Pintoo v. State N.C.T. of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

February 09, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : February 5, 2009 % Judgment delivered on : February 09, 2009 + CRL.A.24/2002 PRAMOD KUMAR @ PINTOO ..... Appellant Through: Mr. O.N.Vohra, Sr. Adv. with Mr. P.C.Dhingra, Advocate versus STATE ..... Respondent Through: Mr. Pawan Sharma, Advocate CRL.A.275/2003 JITENDER @ MOTA @ RAM KUMAR ..... Appellant Through: Ms. Purnima Sethi, Advocate versus STATE ..... Respondent Through: Mr. Pawan Sharma, Advocate CRL.A.808/2005 DEVENDER @ KALU @ KALIA ..... Appellant Through: Ms. Upasana, Advocate versus STATE ..... Respondent Through: Mr. Pawan Sharma, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. Young Arjun aged 14 years was studying in Government Senior Secondary School, Tentwala, Gitanjali Park, Sagar Pur, New Delhi. He was found dead lying in a pool of blood in the toilet of the school at around 5:30-6:00 P.M. on 19.12.1999. The said information was available with the police when a telephone call was received as recorded vide DD No.36- A. SI Neeraj Chaudhary PW-14 accompanied by Const.Randhava PW-7 and Const.Tej Pal Singh PW-1 reached the school at around 7:35 PM. They found the dead body of Arjun Sharma. Const.Chandan Singh PW-12 was summoned who took 8 photographs Ex.PW-12/2-1 to Ex.PW-12/2-8; negatives whereof are Ex.PW-12/1 to Ex.PW-12/8. One Vishnu Dutt aged 14 years was playing in the school and heard that a boy was lying dead in the school which information he gave to the family members of the deceased. Thereupon Sita Ram PW-3 the father of the deceased reached the school and vide his statement Ex.PW-3/A informed SI Neeraj Chaudhary, who recorded the statement, that he had two sons, elder named Arjun and the younger named Vijay both of whom were students of Government Senior Secondary School, No.1, Gitanjali Park, Sagar Pur, New Delhi and that at 1:00 PM his son Arjun had gone to the school to play but did not return till the evening and that Vishnu had informed him that his son was lying dead in the toilet of the school. 2. SI Neeraj Chaudhary made an endorsement on the said statement and sent the same to the police station through Const.Tej Pal Singh for registration of the FIR where HC Goverdhan PW-5 registered the FIR Ex.PW-5/A under Section 302 IPC. 3. The reason was obvious. The deceased was found battered on the face and the skull. 4. We eschew reference to the spot investigation conducted for the reason nothing of material consequences turns thereon save and except to note that a brick and an asbestos sheet stained with blood were recovered from near the dead body and as per the report of the serologist were opined to be stained with human blood of group 'B'; the same blood group as that of the deceased. The recovery of the two objects i.e. the brick and the asbestos sheet from the spot and the presence of human blood of group 'B' thereon has not been challenged by any counsel during arguments in the three appeals. However, we hasten to note that Sh. O.N.Vohra learned senior counsel for appellant Pramod and other counsel appearing for the co- accused conceded before us while arguing the appeal that indeed Arjun died in the precincts of the school and there is evidence to establish that he was brutally battered to death inside the toilet of the school. 5. The body of the deceased was sent for post-mortem to the Civil Hospital Delhi where Dr.K.Goyal conducted the post- mortem on 20.12.1999 at 12:00 noon. 10 injuries all directed towards the face, forehead and the skull were noted. Internal injuries showed that the left frontal and right temporal lobes of the brain were damaged. The skull had fractured and pieces were embedded in the brain. There was internal haemorrhage and clots were present over base of the brain. He opined that a brick