Vijender @ Bijjo v. State N.C.T. of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. March 18, 2009 dk/mm

* IN THE HIGH COURT OF DELHI % Judgment reserved on : 12.03.2009 Judgment delivered on: 18.03.2009 + CRL.A. No.246/2001 VIJENDER @BIJO …Appellant Through : Mr.Gagan Chhabra, Advocate. versus STATE …Respondent Through : Ms.Richa Kapoor, Advocate. CRL.A. No.434/2001 OM PRAKASH …Appellant Through : Mr.Gagan Chhabra, Advocate. versus STATE …Respondent Through : Ms.Richa Kapoor, 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. At 8.05 AM on 23.9.1997 Inspector Mahesh Kumar PW-16 was handed over copy of DD No.8, Ex.PW-8/A which recorded that a lady was stabbed near the house of one Chet Ram. Accompanied by HC Satya Prakash PW-11, he proceeded to the spot and was informed that two persons, who were injured, had been removed to Safdarjung Hospital. Both proceeded to Safdarjung Hospital and learnt that a lady named Anita was brought dead at the hospital at 8.50 AM, as recorded in the MLC Ex.PW-15/A. A male, named Zahir Alam, was admitted in an injured condition having a lacerated injury on the scalp and an abrasion on the left elbow as per MLC Ex.PW-15/C of Zahir Alam. He was fit for making a statement. Inspector Mahesh Kumar PW-16 recorded the statement Ex.PW-13/A of Zahir Alam and made an endorsement Ex.PW-16/A thereon and forwarded the same through HC Satya Prakash PW-11 for registration of a First Information Report. The statement and the endorsement was dispatched at 11.40 AM and pursuant thereto HC Usha Rani PW-5 registered the FIR Ex.PW-5/A. 2. Back at the spot, Inspector Mahesh Kumar prepared a rough site plan Ex.PW-16/B at the instance of Ramwati PW-1, the mother of Anita. He lifted blood stained earth from the spot where Anita was stated to have been stabbed as also from a room where Zahir Alam was stated to have been injured. 3. The body of Anita was sent for post-mortem to the mortuary where Dr.Alexander PW-12 conducted the post- mortem and in the post-mortem report Ex.PW-12/A noted fifteen injuries on her person, being as under:- "1. Lacerated wound on the left side top back of head of size 4.5 cms x .7 cms x .5 cms. 2. Lacerated wound on the right side of forehead of size 3 cms x 1 cms x 5 cm. 3. Lacerated wound on the left side of forehead 1 cm above the left eyebrow of size 3 cms x 1 cms x 5 cms. 4. Abrasion on the right side of face over the zygomatic process of size 1.7 cms x 1.2 cms. 5. Horizontal stab wound on the anterior aspect of left side chest at the level of 2nd intercostals space of size 2.3 cms x 1 cm x 32. Cms. Both the margins were sharp and clean cut. The medial edge was sharp and acute and the lateral edge was blunt. The Centre of the wound was 132 cms above the level of left heel and 2.5 cms lateral to the median plain. The direction of the wound was backwards horizontal and slightly lateral. 6. Horizontal stab wound on the anterior aspect of left side chest at the level of 5th intercostals space of size 2.5 cms x .5 cms x 3.5 cms. Both the margins were sharp and clean cut. The medial edge was sharp and acute and the lateral edge was blunt. The centre of the wound was 124.5 cms above the level of left heel and 1 cms lateral to the median plain. The direction of the wound was backwards, horizontal and lateral. 7. Horizontal stab wound on the anterior lateral aspect of left chest at the level of 6th intercostals space of size 3 cms x 1 cm x 4.5 cms. Both the margins were sharp and clean cut. The medial edge was sharp and acute and the lateral edge was blunt. The centre of the wound was 120 cms above the level of left heel and 7 cms lateral to the median plain. The direction of the wound was backwards, slightly downwards and medial. 8. Incised wound on the lateral aspect of left arm middle third of size 7 cms x .3 cms x .3 cms. 9. Oblique stab wound on the right epigastric region