Yoginder Singh v. State Govt. of N.C.T. of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. March 26, 2009 mm

* IN THE HIGH COURT OF DELHI % Judgment reserved on : 16.03.2009 Judgment delivered on: 26.03.2009 + CRL.A. No.265/2001 YOGINDER SINGH …Appellant Through : Mr. R.P.Luthra, 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? Yes. 2. To be referred to the Reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. : PRADEEP NANDRAJOG, J. 1. Criminal law was set into motion when pursuant to a telephonic call, an entry was made in the PCR Form, Ex.PW-16/A, by Const. Manju, PW-16, at 6.58 P.M. on 01.04.97 recording that a boy has been stabbed at Durga Park near Power House. PW-16 transmitted the said information to Police Station Dabri where HC Dharampal PW-24, recorded DD No.25A, Ex.PW-24/B, at 7.00 P.M. on 01.04.97. 2. SI Jagbir Singh PW-20, accompanied by Const. Rajinder Singh PW-19, reached the spot where he learnt that two persons have been injured in the incident and that they had been removed to the hospital. 3. In the meantime, one of the injured person, named Sanjay, (hereinafter referred to as the "Deceased") was removed to DDU Hospital by his uncle Lallan Rai PW-4, and was declared brought dead as noted in MLC Ex.PW-23/A. Const. Bhagwan Singh PW-22, posted as Duty Constable at DDU Hospital, transmitted the said information to Police Station Dabri, where HC Dharampal PW-24, recorded DD No.27A, Ex.PW-24/C, at 7.30 P.M. on 01.04.97. 4. Thereafter SI Jagbir Singh PW-20 accompanied by Const. Girdhari Lal PW-12 proceeded to DDU Hospital where PW-20 collected the MLC Ex.PW-23/A of the deceased. 5. Jeetan, the other injured person was removed to Safdarjung Hospital in a PCR van where he was provided medical aid pertaining to 3 injuries, an incised stab wound on the right hand, a stab wound on the left buttock and a blunt blow on the chest, as noted in the MLC Ex.PW-21/A. 6. The Duty Constable at Safdarjung Hospital informed PS Dabri about Jeetan's admission in the hospital which information was passed on to SI Jagbir Singh PW-20, who proceeded to Safdarjung Hospital where he recorded the statement Ex.PW-1/A of Jeetan. 7. Making an endorsement Ex.PW-20/A on Jeetan's statement, SI Jagbir Singh forwarded the same at around 12:20 AM to the police station for registration of an FIR and at the police station HC Dharam Pal PW-24 registered the FIR Ex.PW-24/A at 12:45 in the midnight i.e. at 00:45 hrs on 2.4.1997. 8. At the place of the occurrence, Inspector Omvir Singh Bhati PW- 25, prepared the site plan Ex.PW-25/G recording therein the places at points 'B' and 'C' where the deceased and Jeetan respectively were stated to be stabbed. Blood control earth and sample earth were seized vide memo Ex.PW-20/B. The clothes which Jeetan was wearing at the time of the occurrence were seized vide memo Ex.PW-20/C. 9. In his statement Ex.PW-1/A, Jeetan stated that he is a permanent resident of village Sarola, Dildar Nagar, District Ghazipur, Uttar Pradesh. That at present he is residing in a rented accommodation in house bearing Municipal No.RZ-21, Gali No.11, Durga Park, New Delhi and earns his livelihood by working as an embroider. That on the eve of Holi he had gone to the residence of his relative Basant Rai situated at house No. RZ-265-A, Gali No.3, Durga Park, New Delhi. That while he was watching television at the residence of Basant Rai, a boy named Kallu who resides in the neighbourhood of Basant Rai and was in a drunk condition came there, and asked him to switch off the television and turn on the stereo (deck) as he wanted to dance. That he told him that he had to watch a movie therefore he would not turn on the stereo. That on hearing this, Kallu got angry and a quarrel ensued. Basant Rai intervened and brought peace between them, however while going Kallu threatened him saying that he would teach him a lesson some other day. Thinking that it was a min