Raj Kumar Alias Raju v. Govt. of N.C.T of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. MARCH 23, 2009 mm

R-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 25th March 2009 + CRL.A. 314/2001 RAJ KUMAR @ RAJU ..... Appellant Through: Mr. V.K.Raina, Advocate versus STATE ..... Respondent Through: Ms. Richa Kapoor, Advocate 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. (Oral) 1. Vide impugned judgment dated 8.3.2001, the appellant has been convicted for the murder of his wife. 2. Two co-accused persons, namely Siya Ram and Faqira have been exonerated. 3. It is urged by learned counsel for the appellant that there is an inordinate delay in registration of the FIR. Deceased Promila, wife of the appellant, admittedly died on 30.4.1999. The place of death is the jhuggi where she was residing with the appellant. Unfortunately, the FIR in question i.e. Ex.PW-7/A, was registered on 27.1.2000, on the basis of the statement Ex.PW-2/A of Bhajan Lal who has appeared as PW-2 at the trial. Bhajan Lal is a neighbour of the appellant. 4. Thus, the first and the foremost submission made by learned counsel for the appellant is that on account of the unexplainable delay in registration of the FIR, the appellant is entitled to an acquittal. Second contention urged is that the learned Trial Judge has disbelieved the testimony of Bhajan Lal while acquitting Siya Ram and Faqira and hence the appellant should also be entitled to the same benefit for the reason the intertwined truth and lies in the statement of Bhajan Lal has rendered it impossible to separate the grain from the chaff. Lastly, it is urged that the conduct of Bhajan Lal in not reporting the matter promptly to the police and his falsely implicating the appellant cannot be ruled out. 5. It is not in dispute that DD No.12 dated 30.4.1999 was recorded at the police post Majnu Ka Tila under jurisdiction of PS Civil Lines at 12:15 PM to the effect that a lady has been murdered in the jhuggis at Old Chandrawal. The phone number of the informant i.e. No.3979213 stands noted. 6. SI Harish Chander PW-10, accompanied by Const. Ravinder Kumar PW-4, left for the jhuggis at Old Chandrawal and at Jhuggi No.N-71-B/275, Old Chandrawal, found the dead body of Promila. Blood was oozing from her injuries. A photographer was summoned who took the photographs of the dead body. SI Jai Prakash Meena reached the spot; probably being informed on the wireless of the incident; he prepared the inquest report Ex.PW-5/A. The appellant identified the dead body as that of his wife vide memo Ex.PW-5/B. SI Jai Prakash Meena prepared a brief fact statement Ex.PW-5/C, and sent the body for post-mortem vide application Ex.PW-5/D. 7. The body was sent to the mortuary of the Civil Hospital Delhi. Dr. Ashok Jaiswal conducted the post-mortem the next date i.e. on 1.5.1999 and penned the post-mortem report Ex.PW-8/A. He noted 13 external injuries on the body of Promila being as under:- "EXTERNAL INJURIES 1. Extensive defused pinkish bluish bruise on anterolateral aspect of right arm and shoulder over an area 6" to 8" x 2½" to 3". 2. Lacerated wound 2.5 cm x 1 cm x muscle deep on right forearm, middle portion with fracture of radious and alna with bruising around and blood at fractured ends. 3. Defused pinkish bluish bruise on back of both hands 3" x 2" to 2½ ". 4. Defused irregular bruise pinkish bluish on left arm upper third outer aspect 4" x 2" to 3". 5. Extensive bruise pinkish bluish on back over an area 8" to 10" x 3" to 4" over scapular, infra scapular and supra scapular region. 6. Rail road pattern bruise pinkish bluish border with clear intervening area seen on back infracular region 11 cm x 1 cm. 7. Rail road pattern bruise pinkish bluish on right lumber region back, obliquely placed 10 cm x 1 cm. 8. Defused pinkish bruise on antrolateral aspect of both thighs uppe